SAVITRI DEVI Vs. COMMISSIONER WORKMENS COMPENSATION

JUDGEMENT

(1.) An important question of law has been raised by the petitioners in this petition as to interpretation of sub-section (7) of section 8 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act').

(2.) The petitioners filed Claim Petition No. 22 of 2000, before the Commissioner, Workmen's Compensation, (SDM), Nalagarh, District Solan. The case of the petitioners in the claim petition was that one Santosh Kumar, who was working with respondent No. 2 died in an accident arising out of and during the course of employment. The claim petition was allowed and the claimants were awarded compensation in accordance with law vide award dated 26.6.2000. The respondent No. 1 Commissioner awarded Rs. 2,26,380 along with interest at the rate of 12 per cent per annum from the date of the award till the realisation of the amount. It is not in dispute by and between the parties that the award has become final and no appeal or any other proceedings have been initiated either by the employer or by the insurance company.

(3.) Though, the award is not on record, it appears that the amount was ordered to be invested by the respondent No. 1 Commissioner since both the petitionersclaimants were women, No. 1 being the mother of the deceased Santosh Kumar and No. 2 being widow of the deceased Santosh Kumar.