BUNNAN ALLAUDDIN KHAN Vs. MOHD ALIAS MUSTAF AHMED

JUDGEMENT

(1.) THIS is a peculiar petition in the sense that there is no effective respondent. The petitioner herein is the mother of the deceased who met with a motor accident. Respondent Nos. 3 and 4 are the widow and the minor daughter respectively of the deceased. Respondents Nos. 1 and 2 are the owner of the vehicle and the insurance company respectively who are not very much concerned with this petition as the amount of compensation awarded has already been deposited and in any event they have not challenged that award. Respondent No. 5 is the Commissioner for workmen's Compensation who passed the impugned award. He has been served.

(2.) UNDER the award an amount of Rs. 79,693 has been awarded to the legal heirs of the deceased. The amount of compensation so awarded has also been apportioned between the three legal heirs, i. e. , the mother, widow and the minor daughter, of the deceased. The petitioner does not challenge the award or its distribution/apportionment. It is, however, pointed out that after the apportionment, the Commissioner directed that the widow of the deceased should be paid a sum of Rs. 9,693/- only in lump sum immediately and the balance of Rs. 70,000/-, though apportioned among the legal heirs, should be deposited in National Savings Certificates, VII issue. According to the petitioner, it is this order with which she is aggrieved and the learned counsel appearing on behalf of respondent Nos. 3 and 4 concedes that the grievance of the petitioner is justified. In other words, the submission is that the widow and the mother of the deceased are major. The learned Commissioner should have left to them to use the money apportioned to them in any manner they liked. At best he could have passed orders for the deposit of the money apportioned in favour of the minor daughter. The submission appears to be well founded. Accordingly, it is held that a sum of Rs. 15,000/- only, which is apportioned in favour of the minor daughter of the deceased, be deposited in National Savings Certificates, VII issue and the balance amount of Rs. 64,693/- be made over to the widow and the mother of the deceased in the manner in which it has been apportioned by the learned Commissioner himself.

(3.) THE rule is made absolute in the manner stated above. No order as to costs.