ARUL RAJ Vs. ELISIKUTTY

JUDGEMENT

(1.) This appeal is directed against the award made in this case under the provisions of the Workmens Compensation Act. One Arumugham, a labourer working in Thunkamala Estate was injured on 26-4-1957 and he died on 13-5-1957. The manager of the estate deposited a sum of Rs. 1,200/- with the Commissioner for Workmens Compensation, on 17-6-1957. This amount was to be paid to the dependants of the deceased. The Commissioner directed the District Labour Officer to inquire into the matter and to send up the report on the question as to the persons who were depending on the deceased. The report of that officer is to the effect that the present respondent who is the widow of the deceased was the only person depending on him. But the Commissioner was not prepared to accept that report without further enquiry. Accordingly he published a notification calling upon others who were dependants of the deceased to appear and prefer their claims. The father of the deceased had already preferred claim as a dependant of the deceased. After the Gazette notification, the father preferred another claim on behalf of the minor unmarried daughter of the deceased. The Commissioner proceeded to take evidence. He recorded the evidence of the widow, the father, the sister and also of one independent witness produced on behalf of the father and sister of the deceased. After recording such evidence, he passed the final order in favour of the widow, that she alone was depending on the deceased and that she is entitled to the entire amount of compensation. It is against that order that the father and unmarried daughter have preferred this appeal.

(2.) The main ground urged on behalf of the appellants is that the procedure followed by the Commissioner was highly irregular and that it has not considered the claim of the appellants on its merits. We think that this objection is well founded and has to prevail. When the father and the sister had come forward as claimants and when their claim was denied by the widow, the dispute between them had to be properly enquired into and judicially decided.