BAKULABAI VITHOBA PALAMPALLE Vs. RAJNABAI PRABHODCHANDRA MUCHALA

JUDGEMENT

(1.) THIS appeal is by the appellant, the original applicant, who is the mother of the deceased Govinda Vithoba Palampalle. On the ground that the deceased died during the course of and out of employment with respondent No. 2 , original opponent No. 2, a partnership firm of two partners who are respondent Nos. 1 and 3 herein, the applicant filed a claim for Rs. 23,100/- as compensation. The deceased, it may be stated, was a driver of truck bearing No. MRL 2652 which belonged to the opponents. While the truck was parked in front of the deceased's room on 19th July, 1981 , some dacoits threw explosives on him which resulted in a fatal injury and the deceased died in hospital on 21st July,1981.

(2.) HOWEVER , the Commissioner has not gone into the merits of the claim for compensation as he was of the view that the claim could be disposed of on a short point. The short point, according to him, was that the applicant was the mother of the deceased and the question was whether she was or was not "dependant" of the deceased within the meaning of Section 2(1)(d)(i) of the Workmen's Compensation Act. Referring to the evidence of the applicant in which she had admitted that her husband was also doing manual work, the Commissioner held that she was no "dependant" within the meaning of Section 2(1)(d)(i) and was, therefore, not entitled to any compensation on that technical ground.

(3.) NONE appears on behalf of the respondents. In fact none had appeared on behalf of the opponents before the Commissioner also.