COMMR FOR WORKMENS COMPENSATION Vs. MOHANAN

JUDGEMENT

(1.) THE Commissioner for Workmen's Compensation, Kottayam, has referred the following question of law for the decision of this Court under s. 27 of the Workmen's Compensation Act: "whether the compensation amount deposited with the commissioner for workmen's compensation becomes the property of the sole dependant of the deceased workman in case nobody opposes to that, and further, if that sole dependant dies prior to the allotment of that compensation whether the said amount devolve to bis or her heirs?"

(2.) GOPALAN, a workman died on 22nd February, 1986 by accident arising out of and in the course of his employment in a Tea estate. The employer accepted the liability for compensation and deposited the compensation amount of Rs. 21,000/- with the Commissioner for Workmen's compensation. He also submitted a statement in Form A showing that Thankamma, the widow, was the sole dependant of the deceased workman. Before the amount could be paid to her, she died on 20th November, 1986. In January, 1987, mohanan, a son of the deceased Thankamma, claimed the amount on the strength of a succession certificate issued by the Administrator General in respect of the estate of Thankamma. Objections to the claim were invited by necessary publication. There was no objection from any quarter. But the Commissioner, entertained some doubts as to whether the amount could be disbursed to the heir of the dependant of the deceased workman The deceased workman had only one heir, his widow, dependant on him when he died. That sole dependant was entitled to the compensation amount. If the amount due to that dependant cannot be disbursed to the heirs, on her death, the amount naturally will have to be returned to the employer. A jurisdictional issue of the Commissioner to order payment in such cases arises for determination. The question of law formulated by the Commissioner was therefore referred to this Court under S. 27 of the Act.

(3.) THE right to compensation under the Act arises when a workman is injured by accident arising out of and in the course of his employment. THE injury may result in death. THErefore, the liability to pay compensation is fastened immediately when the workman is injured or when be dies. THE liability is not postponed because the payment is delayed. THE right to receive compensation, frozen on the date of injury or death has to be worked out under the Act.