HARIRAM Vs. COMMISSIONER FOR WORKMENS COMPENSATION

JUDGEMENT

(1.) THE appeal is directed against the judgment and order dated July 13, 1982 of Commissioner for Workmen's Compensation, Ratlam, passed in Case No.28 of 1991, whereby the appellant -father of the deceased Karu has been awarded Rs. 6,770/ - and the rest of the amount, i.e., Rs. 10,030/ - has been directed to be paid to respondent No.2, the wife of deceased.

(2.) THE brief history of the case is that the deceased Karu was a worker with respondent No. 1, i.e., M.P.E.B. He died during the course of employment and as such Rs. 16,800/ - were deposited by the respondent No. 1 for being paid to heirs of the deceased. After enquiry the learned Commissioner directed payment as follows:

(3.) IT has been contended in the memo of appeal that since Ramkanya has remarried and, therefore, the whole amount ought to have been awarded to the father (appellant here). This contention cannot be accepted as that would be against the provisions of law. The inheritance is not kept in abeyance. It took place immediately after the death and since at the time of death Ramkanya was residing as wife of the deceased and, therefore, she would be deemed to be a widow. Now there is no priniciple of limited heir. She will inherit absolutely with full rights and, therefore, even after remarriage she cannot be deprived of her right of getting compensation.