MAYA RANI DEBNATH Vs. SANKAR DEBNATH AND OTHERS

JUDGEMENT

(1.) These four appeals are being disposed of by a common judgment since they arise out of one common award filed in two separate claim petitions.

(2.) The undisputed facts are that the deceased Bibrata Debnath was employed as a driver with Sri Rabindra Debnath at a salary of Rs.4500/- per month plus daily allowance of Rs.50/- per day. He unfortunately died in an accident which took place on 15.11.2008. Thereafter two claim petitions were filed. Claim petition being T.S(W/C) 02 of 2009 was filed by Smti. Maya Rani Debnath, mother of the deceased and case No. T.S(W/C) 03 of 2009 was filed by the father, Sri Sankar Debnath. Both claimed compensation.

(3.) Under the Workmen's Compensation Act,1923 ( for short, the Act) the parents can claim compensation only if they proved that they are dependent on the deceased. Unless dependency is shown the parent is not entitled to any compensation under the Act. Reference in this behalf may be made to Section 2(1) (d)(iii)(b) which is follows: