KOKILABEN DINESHKUMAR CHAUDHRI Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) This is an appeal under Sec. 30 of the Workmen Compensation Act, 1923 ('W.C. Act' for short) at the instance of the appellants - Corporation to assail the order of the Commissioner for Workmen's Compensation, Labour Court, Mahesana in Workmen's Compensation Application (Distribution) No. 4/2019.

(2.) The facts giving rise to the appeal are no many and move in a narrow compass.

(3.) The application being W.C. (Distribution) Application No. 4/2019 came to be instituted at the instance of the appellants in the Labour Court and Ex Officio Commissioner for Employee's Compensation, Mahesana for death of workman Sureshkumar P. Chaudhary. The deceased - Sureshkumar P. Chaudhary, a bachelor, was working as a driver with the respondent No. 1 - ST Corporation. On 13/5/2018, he died of sudden pain in the chest during the course of his employment. The appellants, who happens to be his mother and brother, filed the aforesaid claim application before the Commissioner for Compensation, unfortunately, during the pendency of the application, appellant No. 1 - Kokilaben Dineshkumar Chaudhary, mother of the deceased workman, passed away. The appellant No. 2, therefore, being the brother of the deceased prosecuted the claim petition before the Commissioner. The Commissioner, by the impugned order dtd. 17/5/2019 dismissed the application on the ground that the appellant No. 2 cannot be considered as dependent of the deceased under Sec. 2(1)(d) of the W.C. Act. The appellants are not happy with the impugned order, and therefore, this appeal.