LAL BAHADUR Vs. KAVI RAJ

JUDGEMENT

(1.) This appeal under Section 30 of the Workmens Compensation Act (hereinafter referred to as the Act) is directed against the order of the Commissioner under the Workmens Compensation Act, HPPWD, Rampur Bushehar (for short the Commissioner) in Case No. WCA -1/97 decided on 19.9.2000.

(2.) The claimant alleges that he is the father of deceased Bimla Devi. According to him he is entitled to compensation under the Act. Under the provisions of the Act compensation under Section 3 is payable in case of death to the dependants. Section 4(4) provides that in case of death the employer shall pay compensation of Rs. 2,500/ - to the eldest surviving dependant of the workman for the funeral charges expenses Section 8 provides that the employer is to make payment in case of death to the dependant. In case an employer deposits the money with the Commissioner, then the Commissioner on deposit of such money under Section 8(4) is required to issue notice to the dependants of the workman. Section 21 of the Act provides for the venue of proceedings In Section 21(1) (b) reference has been made to the residence of the workman or in case of his death the dependant claiming compensation. The State of HP. has also framed the H.P. Workmens Compensation Rules for claiming of compensation. Rule 8(1) provides that the dependant of a deceased workman may apply to the Commissioner to deposit the compensation in respect of the death of the workman. Such application shall be in form *G\ Para 2 of form G reds as follow" - "(2) The applicant(s) is a/are dependant(s) of the deceased workman being his.............................."

(3.) It is thus clear that compensation under the Act is payable only to the dependants and not to all the legal heirs.