VEERAPPAN Vs. MUTHAMMA

JUDGEMENT

(1.) Tahsildar, Peer made deposited Rs.28,822/- as compensation due to the legal heirs of deceased Nallu. Commissioner for Workmen's Compensation, Kottayam apportioned the amount to the deceased's father, mother and widow as Rs. 12,322/-, Rs.11,500/- and 5,000/- respectively. Parents of the deceased challenge the apportionment on the ground that the widow is not entitled to any amount as she has remarried.

(2.) The only question that arises for consideration is whether re-marriage by the widow would disentitle her from claiming the amount of compensation.

(3.) At the time when the Commissioner passed the order widow of the deceased was not re-married. The sworn statements of the parents of the deceased were recorded by the Commissioner. They did not have a case that their son's wife is not entitled to the apportioned award amount on account of her remarriage. There is no evidence that during the pendency of the proceedings before the Commissioner or at any time before it the first respondent had remarried. It is only before this Court that the appellants have raised the contention that the first respondent remarried on 25-2-1986. As no such plea was taken before the Commissioner, appellants cannot raise it before this Court in appeal.