D SUBBIREDDI Vs. GANGALAGURTI APPALACHARYULU

JUDGEMENT

(1.) The appellant appeals from a decision by the Commissioner for Workmen's Compensation, Madras, whereby the Commissioner directed that the compensation deposited by the management be paid over to Appalacharyulu, son of the deceased Bullemma alias Narasayamma, in respect of the death of Bullemma by an. accident arising out of and in the course of her employment. The brief facts are : Bullemma was working as a labourer in the Radhakrishna Rice Mill, Pandalapaka. She died of an accident while working in the Mill. The only person who could claim to be dependant upon the deceased within the meaning of the Act was one Appalacharyulu, son of the deceased. The appellant, pursuant to section 8 (1) of the Workmen's Compensation Act, deposited with the Commissioner, Workmen's Compensation, a sum of Rs. 500 in respect of his obligation under the Act. The said Appalacharyulu appeared as a dependent. The appellant denied that he was the dependent of Bullemma. The Commissioner after taking evidence on behalf of the appellant and the dependent, held that Appalacharyulu was the son of Bullemma and directed that compensation amount deposited be given over to him. It is this order that is challenged in appeal by the employer.

(2.) Shri Neti Subrahmanyam, learned counsel for the appellant, contended first that the Commissioner has erred in holding that Appalacharyulu was the son and dependant of Bullemma. It is next contended that even if this Court is of the view that Appalacharyulu was the son and dependent of Bullenima, he having died before the matter is finally decided and before distribution is effected by the Commissioner, his legal representative Brahmam would not be entitled to the compensation amount not being a dependant as defined in section 2 (1) (a").

(3.) In order to appreciate the contentions of the learned counsel, a reference to the relevant provisions of the Workmen's Compensation Act is necessary, but before referring to these provisions, I may dispose of the first argument, which relates to whether Appalacharyulu is the son and dependent of Bullemma. Appalacharyulu produced three witnesses including himself to establish the relationship. In rebuttal, the employer examined two witnesses. Appalacharyulu, in his statement, has deposed that his mother was Bullemma alias Narasayamma and that his father's name is Papa Rao. He has also produced an extract of Exhibit A. This statement is supported by Kondamma, a sister of the deceased and Anniyam Lakshminarayana, an elderly resident of Sandipudi, who says that Appalacharyulu was born to Bullemma and that Bullemma was known also as Narasayamma.