VARSHA Vs. VANDANA KISHORE TODE

JUDGEMENT

(1.) This appeal is directed against the order passed on 08/11/2011 in D.W.C.A. No.12/2009 filed under Section 8(4) of Workmen's Compensation Act, 1923 (for short, "the Act, 1923") by the Commissioner appointed under the Act, 1923 at Chandrapur and also the order passed on 20/9/2012 by the same Commissioner refusing to revise or modify the order dated 08/11/2011.

(2.) The case under the Act, 1923 arose because of death of Kishore Tode, who was at the time of his death, working as Senior Overman with Western Coal Fields, Sasti, Tahsil Ballarpur, District Chandrapur. It so happened that when he was performing his duty on 04/6/2009, a heap of sand collapsed and he got buried thereunder. He remained buried for a considerable period of time and it was only on 12/6/2009, his body could be recovered. He was, of course, found dead at that time. Since the accidental death occurred during the course of employment, the employer deposited an amount of Rs. 3,51,080/ with the Commissioner as compensation payable under the Act, 1923 by accepting the liability of the employer therefor. The appellants herein, while appellant No.1 is widow and appellants No. 2 to 4 are children, being legal heirs and dependents of deceased Kishore Tode, filed an application under Section 8(4) of the Act, 1923 for distribution of the compensation amount. It was stated by the appellants that the respondent was the first wife of the deceased, but was divorced by the deceased on 22/5/1996 as per the usages and customs applicable to the Buddhist religion of which the parties herein are the followers. It was also submitted by the appellants that respondent Vandana had been staying separately from the deceased since 1996 till his death for a period of 14 years and with such long separation also, the sanctity of the relationship of husband and wife in between the respondent and deceased Kishore had come to an end. Appellant No.1 had performed marriage with deceased Kishore on 16/11/1997 as per the usages and customs applicable to the followers of Buddhist religion. Appellants No.2 to 4 are the children born out of this wedlock. The appellants submitted that they being the only dependents of the deceased Kishore, they were entitled to receive the compensation in its entirety.

(3.) After making an enquiry and hearing both the sides, learned Commissioner found that the appellants, being widow and children of the deceased Kishore respectively and the respondent being widow of deceased Kishore, were entitled to receive the amount of compensation and accordingly divided equally the compensation amount in two parts and directed payment of one portion to the appellants jointly and the remaining part to the respondent alone.