RAMA MOTARI Vs. KAMALA PARUA

JUDGEMENT

(1.) This is an appeal under Section 30(1)(c) of the workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act'). An appeal lies against an order where a substantial question of law is involved. The parents of the deceased workman and his two minor sisters are the appellants.

(2.) UNDISPUTABLY , Khageswar Motari, the son of appellant Nos. 1 and 2, was a workman under the Orissa State Electricity Board. Appellant No. 1 is also a workman under the Orissa State Electricity Board. On account of injuries in course of employment Khageswar died. The Orissa State Electricity Board remitted the sum of Rs. 19,200/ - to the Additional District Magistrate, Balangir, who is the Commissioner under the Act, for disbursement to the dependants of the deceased Khageswar. The order -sheet of the Workmen's Compensation Case discloses that on 11 -8 -1980, appellant No. 1 filed an application before the Commissioner alleging that the compensation amount has been taken by respondent No. 1, the widow of Khageswar. It is of course not specifically stated in the application that he is a dependant under the Act. However, the Commissioner from such an application was satisfied that the appellant No. 1 has claimed the compensation as a dependant of the deceased workman. He directed the Tahasildar, Balangir to enquire and furnish the names of the dependants of deceased Khageswar.

(3.) ON my finding that the enquiry has not been made in accordance with law, since the Commissioner not being vested with the power to engage another agency for making the enquiry it is set aside. The record be sent back to Commissioner for making further enquiry into the matter. The appellants shall appear before the Commissioner on 6th January, 1986 on which date the Commissioner shall fix the date of further enquiry, after giving notice to the other dependants. I need not emphasize that the amount of compensation in deposit is to be disbursed to the dependants only and in that view of the matter disbursement shall depend upon the decision of the Commissioner.