DARO KAUR Vs. BHAGABATI PRASAD SHARMA

JUDGEMENT

(1.) THIS is a reference under Section 27 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act').

(2.) THE Commissioner under the Act has referred the following question of law for decision of this Court: Whether the compensation amount awarded under the statute is to be disbursed only to the applicant without complying with the mandatory provision of Section 8(4) of the W.C. Act.

(3.) THE facts giving rise to the reference are as follows: Deceased Pargat Singh was employed by Bhagabati Prasad Sharma as a driver in the latter's truck bearing registration No. OSU 795. In course of employment Pargat sustained fatal injuries on 26 -5 -1984. Smt. Daro Kaur claiming to be the mother dependant filed an application under Sections 10 and 20 of the Act before the Commissioner for compensation under the Act from the employer and the insurer of the vehicle. She claimed the monthly wages of the deceased to be Rs. 700/ -. In spite of notice, the employer did not file any written statement but appearing personally examined himself as a witness substantially admitting the claim but stating that the deceased was getting Rs. 800/ - per month towards salary and food. The insurer filed the written statement where all the assertions excepting the relationship of the claimant applicant with the deceased were disputed. The applicant was examined as a witness. In her deposition, she stated on oath that she is the mother of the deceased. Considering the evidence, the Commissioner determined the monthly wages of the deceased to be Rs. 700/ -and directed the insurer to deposit the compensation of Rs. 23,100/ -. On 30th April, 1986, the insurer handed over an account payee cheque for a sum of Rs. 23,100/ -, to the Commissioner who collected the amount through the State Bank of India, Cuttack. In the order dated 30 -4 -1986 the Commissioner directed the claimant to appear in the Court with the list of the dependants and the certificate from the local revenue authority for consideration of payment of compensation already deposited. The order dated 30th April, 1986, reads as follows: The O.P. No. II namely United India Insurance Co. Ltd., Cuttack has deposited the compensation amounting to Rs. 23,100/ -(rupees twenty three thousand and one hundred only) as per order dated 22 -2 -86. Deposit the amount in the SBI, Cuttack immediately and direct the applicant to appear in this Court with the list of dependant certificate from the local revenue authority for consideration of payment of compensation already deposited in this case. The case is posted to 16 -5 -86. Inform the parties and put up on 16 -5 -86.