CHAMPABEN BALVANTGIRI GOSWAMI Vs. VAIBHAV COTTON INDUSTRIES

JUDGEMENT

(1.) AT the request of learned Advocate Mr.Paul for the petitioner, the matter is taken up for final hearing, though it is listed at Sr. No.41 in the Final Hearing Board.

(2.) HEARD learned Advocate for the petitioner, who is an unfortunate mother of the deceased Nileshgiri, who died in an accident. By Workmen Compensation (Fatal) Distribution Application No.35 of 2007, dependents of deceased Nileshgiri Balvantgiri Goswami approached the Workmen Compensation Commissioner for payment of the amount of compensation deposited by respondent No.2 herein, as respondent No.1, being the employer with whom the deceased son of the petitioner was serving, had filled in the required form and on verification of the contents thereof, respondent No.2 deposited the amount with the Workmen Compensation Commissioner. 2.1 An amount of Rs.2,92,829/- was distributed between the petitioner and her husband by order dated 08.01.2008. The husband of the petitioner was given an amount of Rs.1,46,829/-, of which Rs.31,829/- were paid to the husband of the petitioner by an account payee cheque and an amount of Rs.60,000/- was ordered to be deposited in Fixed Deposit for a term of 5 years, whereas an amount of Rs.55,000/- was ordered to be deposited in Fixed Deposit for a term of 3 years. 2.2 The husband of the petitioner died on 16.10.2010. Therefore, the petitioner approached Workmen Compensation Commissioner for getting the amount of the Fixed Deposit, which got matured on expiry of 3 years. On that application, the Workmen Compensation Commissioner has ordered that the petitioner shall obtain a 'Succession Certificate' from the competent Court and then shall produce the same before the Workmen Compensation Commissioner for receiving the amount of Fixed Deposit