VIMAL KISHAN KARLE Vs. UNITED INDIA INSURANCE COMPANY

JUDGEMENT

(1.) THE only grievance of the appellant in whose favour an order for payment of Rs. 21,600/- was passed by Additional Commissioner under the Workmen's Compensation Act is about the condition put by the Commissioners that the payment made by the employer should be almost wholly invested in national savings certificate.

(2.) THE accident took place on 23rd October 1981. The deceased was about 40 years of age. He left behind his widow and three children, all of the children were minors. Obviously the widow is a young woman. The order passed by the learned Judge awarding the compensation on 11th January 1984 ignored the fact that for a full period of three years the dependants of the deceased had no other source of income and this resulted in the position that when the compensatory order was passed the learned Commissioner directed that out of Rs. 21,600/-, only a sum of Rs. 1,600/- should be paid to the widow and the entire remaining amount should be invested in national savings certificates which would mature after six years. So far as the widow is concerned she is ordered to be entitled to encase the certificate after six years, but so far the minors are concerned the certificates are directed further to be reinvested in national savings certificates.

(3.) I am alive to the fact that no hard and fast rule could be laid down in these matters. Each case will have to be decided in its own merits and according to the facts and circumstances of the case. But here is a case where the young widow requires immediate money for bringing up the children and for her own welfare. She is a young woman. She might went to re-marry for which purpose she would require some small cash in hand.