VEENA RANI WIDOW Vs. MANGAT RAM

JUDGEMENT

(1.) KRISHAN Partap was employed with M/s. Punjab Wireless Systems Ltd. , Chandigarh. He died on 19-5-1984 during the course of employment. The dispute in the present case is between the widow on the one side and the parents of Krishan Partap on the other regarding entitlement of amount payable under the Accidental Benefit Policy with the New India Assurance Company (hereinafter referred to as the Company) and some payments payable by the employer of the deceased such as gratuity, provident fund and arrears of pay etc.

(2.) MANGAT Ram and Smt. Lai Devi father and mother of the deceased filed a suit for declaration that they were entitled to various amounts of their deceased son being his heirs. The suit was resisted by the widow. The trial Court by judgment and decree dated 8-1-1985 came to the conclusion that plaintiff No. 2 (mother) was entitled to the estate of the deceased to the extent of half share including the half share of the amount of Rs. 50,000/- payable by the Company on account of the Accident Benefit Policy. On appeal, learned Additional District Judge affirmed all the findings recorded by the trial. Court and dismissed the appeal by judgment and decree dated January 3, 1986.

(3.) THE present appeal is at the instance of widow. The dispute herein is only in respect of a sum of Rs. 3,759. 70 paise deposited by the employer in this Court on 16-9-1986 on account of service benefits including gratuity, leave and bonus etc. and a sum of Rs. 50,000/- payable by the Company on account of Accidental Benefit Policy held by the deceased. Out of this amount, a sum of Rs. 25,000/- seems to have already been paid to the appellant by the Company, whereas the balance amount was deposited in this Court.