ALICE Vs. COMMR FOR WORKMENS COMPENSATION

JUDGEMENT

(1.) Dependants of a deceased person, are the appellants. Deceased Thomas was engaged by the 3rd respondent herein who was a contractor executing a work for the 2nd respondent. On 3-1-1976 he died in an accident in the course of his employment. The 1st respondent, who is the Commissioner for Workmen's Compensation, Trivandrum assessed the compensation payable to his dependants at Rs. 9,720/-. The 2nd respondent deposited that amount for distribution to the dependants. The 1st respondent published a notification calling upon those who claim to be dependants to submit their claims. The appellants submitted their claim to the compensation. However, that was rejected by the 1st respondent and the amount was refunded to the 2nd respondent. The appellants are challenging that order.

(2.) From the file it is seen that the 1st appellant filed the claim on 27-7-1981. In the said petition it is stated that the mother of deceased Thomas died immediately after delivering him. Thereafter his father married the 1st appellant and she brought up the deceased as her own child. Therefore she prayed that the compensation may be paid to her.

(3.) The 2nd appellant is the 1st appellant's daughter, through the father of the deceased. Thomas had an elder brother, Thankappan, who is living away from his family. Thankappan's marriage was about 15 years ago. Learned counsel for the appellants contended that the appellants were depending on Thomas and on his death, they have become destitutes. Under S.2(1)(d) of the Workmen's Compensation Act the mother and unmarried sister are dependants of, the deceased. Deceased had no other dependants coming within that provision.