GWALIOR SUGAR COMPANY GENERAL MANAGER Vs. SHRILAL

JUDGEMENT

(1.) UNDER Section 27 of the Workmen's Compensation Act, the Commissioner for Compensation has referred this case to the High Court. The facts leading to this reference in brief are that Shrilal, a workman, in the Gwalior Sugar Company, Ltd. , Dabra, died on 23 January 1956 of the injuries he sustained when the boiler of the company accidentally got burst. The company admits its liability and has deposited Rs. 1,500 for being given to the heir of the deceased, if any. A notification was published calling applications from persons who were the dependants of the deceased and entitled to compensation.

(2.) FIRST of all one Dhani Ram applied, but his claim was rejected by the Commissioner. Thereafter, the present applicant Bhawani, a minor brother of the deceased under the guardianship of Chironji, pat in his claim for compensation. From the evidence that was produced in this connexion, it appeared that Bhawani was a uterine brother of the deceased Shrilal, i. e. , the mother of Bhawani and Shrilal, was the same, though they were begotten by different fathers. The question referred to the High Court is, whether according to Section 2 (d) of the Workmen's Compensation Act a uterine brother is or is not a dependant. In other words, does the term "minor brother" occurring in Clause (d) referred to above include a minor uterine brother also?

(3.) THE reference has been made because of a judicial conflict on the point. The Lahore High Court in In re Dependants of Kartar Singh A. I. R. 1931 Lah. 752 has held that the term " minor brother" includes a consanguine minor brother. A consanguine brother is one where the father is the same but the mothers are different. In the present case the mother is the same though the fathers are different. In principle, a consanguine brother and a uterine brother stand on the same footing in that both are half-blood brothers commonly known as step-brothers.