THANGAMMAL Vs. MANAGEMENT OBLI HOSPITAL

JUDGEMENT

(1.) THE appeal is directed against the order of the Dy.Commissioner of Labaour, Salem, Authority under Workmens compensation Act, 1923 dated 31.12.2002 in W.C.340 of 2000 (received by the Appellant on 16.1.2003 - original postal cover containing the date of despatch as 14.1.2003 by the office of the Dy.Commissioner of Labour is enclosed).

(2.) IN the claim petition, it is stated that from 1995 onwards one Rathinam daughter of the claimant was appointed as assistant in the opposite party's hospital. On 18.11.1998 at about 8.00 a.m. while she was in the employment, getting down from steps, she fell down, got swooned and she was entrusted to the claimant. On examination by the doctor, it was learnt that she died. The opposite party authorities prevented the claimant from lodging any complaint in the police station near, to take the body for post-mortem examination, paid Rs.3000/- and send the corpse to Yercaud. The deceased was spinster. There is no dependent except the claimant to the deceased. She was getting a sum of Rs.1, 600/- from the opposite party per month and she was 18 years at the time of accident. The notice sent by the claimant was refused by the opposite party. Hence, a sum of Rs.2, 00,000/- alongwith interest is prayed for as compensation.

(3.) AS far as the plea of the respondent that the claimant being the mother of the deceased is not dependent of the deceased, the learned counsel for the appellant would say that as per the definition in Section 2 (d) (iii) (b), a parent other than widow mother can also be a dependent on his or her son or daughter. Hence, there could be no doubt about the fact that the appellant could be treated as a dependent to the deceased.