PAMPIYA BAI Vs. LAXMI DEVI WD /O SURESH

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and order dated January 19, 1993 passed by the Commissioner for Workmen's Compensation, Gwalior awarding compensation of Rs. 88,548/-to respondent No. 1 Laxmi Devi, the widow of deceased workman Suresh.

(2.) THE facts are that one Suresh (since dead) was working as a workman in the factory of Respondent No. 2. On December 4, 1991, an accident took place in the factory and Suresh had died in that accident. The insurance company in view of the claim put by the widow of deceased and others had deposited Rs 4 lacs on March 24, 1992. The Commissioner for Workmen's Compensation called upon the parties to put their claim. The claim was put by Respondent No. 1 as widow of the deceased. Another claim was put by the parents, the present appellants. The Commissioner in view of the nomination form in the provident fund found that the widow of the deceased was the sole dependant of deceased and granted compensation to her. The claim of the present appellants was rejected on the ground that the father of the deceased was already an earning member and was working in another factory in the same town. The mother of the deceased was also living with the father of the deceased and they were not found to be in any way dependent upon the workman.

(3.) IN this appeal, learned counsel for the appellants pointed out that under the provisions of Section 2 Sub-section (1) Clause (d), the dependant has been defined in a first category of Clause (i ). The dependants specified are a widow, a minor legitimate son, and unmarried legitimate daughter, or a widowed mother.