INTIYAJBI AMIRKHAN Vs. NEWTON CHIKHLI COLLIERY

JUDGEMENT

(1.) THIS appeal shall also govern the decision of Misc. First Appeal No. 150 of 1955 (Mst. Kulsumbi v. Newton Chikli Colliery Parasia, District Chhindwara ).

(2.) THIS appeal is directed against the order passed by Shri C. B. Kekre, District judge, and Commissioner under the Workmen's Compensation Act, Chhindwara, refusing to award the amount of compensation in favour of either of the appellants namely, Mst. Intiyajbi or Mst. Kulsumbi.

(3.) ONE Sheikh Ibrahim, who was an employee of the Newton Chikli Colliery, met with an accident on 10-12-1954, as he was entrapped in a mine pit, which got flooded. As a result, he was drowned and he died. The Managing Director of the colliery filed a statement before the Commissioner, under the Workmen's compensation Act praying that the amount of compensation calculated at Rs. 1050/- be paid to the heirs of the deceased. In answer to notices, the two appellants put in their claims. The original appellant in Misc. First Appeal No. 142 of 1955 namely Mst. Ulfatbi was the father's mother of Sheikh Ibrahim. She died during the pendency of the present appeal and Mst. Intiyajbi, who is the father's sister of the deceased. Sheikh Ibrahim, was substituted as the legal representative. In the other appeal misc. First Appeal No. 150 of 1955, the appellant Kulsumbi is the mother of the deceased Sheikh Ibrahim, who was her son from her first marriage. Some time after the death of her first husband, and a few years before the death of Sheikh ibrahim, Mst. Kulsumbi married for the second time. Therefore, in the present case the claimants were on the one hand, father's mother and on the other hand, the mother, who had remarried before the death of the workman. It is also on record that Sheikh Ibrahim never stayed with his mother Kulsumbi, but used to stay with his grand mother, Mst. Ulfatbi. The grand mother depended on Sheikh, Ibrahim, while the mother Kulsumbi was not dependent on Sheik Ibrahim, as she had already married for the second time and was living with her present husband some years before the death of Sheikh ibrahim. The question in the present case is as to which-of the two claimants would be entitled to the compensation amount. Section 2 (d) of the Workmen's-Compensation Act, 1923 is to the following effect: Dependant means: