ESIC Vs. RAJ KALI DEVI

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated March 13, 1980 passed by the Employees' Insurance Court, Kanpur in Suit No. 10 of 1977 : Smt. Raj Kali Devi v. Employees' State Insurance Corporation through the Regional Director, Employees, State Insurance Corporation and Anr.

(2.) The facts giving rise to the suit are not in dispute. Late Sri Hanuman Prasad the son of the respondent-applicant sustained employment injury on July 12, 1976 and died on the spot. The deceased was admittedly an "insured" person within the meaning of Section 2(14) of the Employees' State Insurance Act, 1948, in short the Act, and the respondent-applicant Smt. Raj Kali devi 'dependent' within the meaning of Section 2(6-A)(i) of the said Act being the widowed mother of the 'insured' person. Her claim for dependents' benefits under Section 52 of the Act read with the 1st Schedule was based on the ground that a divorce had taken place between her son, the 'insured' person, and his wife Smt. Nirmala Devi who remarried two months after the death of the 'insured' and that the respondent-applicant being the widowed- mother was entitled to get the dependents' benefit under Section 52 of the Act.

(3.) The learned Judge Employees Insurance Court, Kanpur, decreed the claim on the finding that the widow had re-married after the death of the 'insured' person namely Hanuman Prasad and the respondent-applicant being the widowed-mother was entitled for dependents' benefits to the tune of 2/5 of the full rate.