JANGA JAGGA REDDY Vs. JANGA RADHAMMA

JUDGEMENT

(1.) This is an appeal by. the two appellants against the order of the Commissioner under the Workmen's Compensation Act (hereinafter referred to as the Act) in respect of an order of Apportionment of the compensation payable upon the death of the son of the appellants.

(2.) The appellants are the father and mother of the deceased while the respondent is the wife, the accident occured on 28-3-1977 and a sum of Rs. 18,000/- has now been determined as compensation payable under the Act.

(3.) Under the impugned order, dated 23rd December, 1978, the Commissioner has apportioned the compensation by giving Rs.15,000/- to the respondent wife and Rs.3000/- to the first appellant (the father), but nothing has been awarded to the second appellant (the mother). It is also pointed out by the alearned counsel for the appellants that the respondent filed a civil suit for a partition and obtained a decree in respect of a portion of the immoveable property of two acres belonging to the family. According to him, the position of the appellants, who are aged 75 years and 65 years respectively (as on 1980) is worse than the position of the respondent. Admittedly, the respondent has not borne any children to the deceased.