LAXMIRANI BEHERA Vs. COMMISSIONERS FOR WORKMEN S COMPENSATION

JUDGEMENT

(1.) This appeal has been filed by the widow of late Haris Chandra Behera. The only question raised in this appeal is as to whether the direction of the Workmen's Compensation Commissioner to pay a portion of the awarded amount to present respondent No. 2 is sustainable in law. There is no dispute that the present appellant is the wife of the deceased-Haris Chandra Behera and respondent No. 3 is the mother. Similarly, there is no dispute that respondents 4 to 8 are the children of the deceased through the present respondent No. 2.

(2.) The only question is relating to the status of respondent No. 3. It has been found that respondent No. 2 was the concubine of the deceased and respondents No. 4 to 8 were born through her. Section 2(l)(d) of the Workmen's Compensation Act provides as follows:

(3.) Subject to the aforesaid direction, the decision of the Commissioner is modified and the appeal is allowed to the extent indicated. There will be no order as to costs.