LAL MOHAN Vs. STATE

JUDGEMENT

(1.) IN the present appeal the following substantial question of law arises: Whether the legal heirs of the deceased lady, being the dependent sons minor and major and also the widower are entitled for the compensation under the Workmen 's Compensation Act?

(2.) MS. Vandana Devi while working as daily wage beldar in National Highway Sub-Division, Nigulsari died in a motor accident. She was travelling in truck No. HPA 963 owned by the State. The accident took place on 21.10.1997 and she succumbed to the injuries sustained by her in the said accident on 8.6.1998. She left behind her husband (widower Choban Gop), son Lakhan Gop (major), Lal Mohan and Shrawan Gop (minors). The said legal heirs filed an application claiming compensation under section 3 of the Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act').

(3.) OPPORTUNITY to lead evidence was afforded to the parties. Appreciating the material on record, the Commissioner for Workmen's Compensation answered the issues by holding that the deceased Vandana Devi was a workman. She died due to the injuries sustained in an accident while on duty and as such the accident arose out of and during the course of employment. On the question of compensation, however, the Commissioner held that since the applicants, namely, widower Choban Gop and major son Lakhan Gop were gainfully employed and there was no proof of dependency, hence they were not entitled to any compensation. With regard to minor sons, namely, Lal Mohan and Shrawan Gop, it was so held that in the absence of any proof with regard to the age and also it being the moral duty of the father, namely, Choban Gop to bring up his minor children, the minor children were not entitled to any compensation. The petition was consequently dismissed.