PHULIA DEVI Vs. GEETA DEVI

JUDGEMENT

(1.) THIS Miscellaneous Appeal has been preferred against the order dated 20.12.99 passed by the Deputy Labour Commissioner -cum -Com -missioner Workmen 'sCompensation, Tirhut Division," Muzaffarpur, in W.C.D. Case No. 7/99 distributing the compensation amongst the heirs of the deceased workman.

(2.) SMT . Phulia Devi wife of late Basudeo Rai and Dharmendra Rai son of late Basudeo Rai being aggrieved by the said order of distribution of compensation have preferred this appeal.

(3.) IT has been submitted by the learned Advocate of the appellants that during the pendency of this appeal, Smt. Geeta Devi was allowed family pension besides that gratuity amount was also paid to her. Learned Advocate further submitted that as per the definition of 'dependent ' under sec. 2(1)(d)(i) of the Workmen 'sCompensation Act, 1923 the widow mother stands in equal footing with that of widow of the workman and so, at least half of the amount should have been awarded in favour of appellant no.1 (widow mother). He further submitted that the appellant No. 2 Dharmendra Rai, minor son of late Basudeo Rai also comes under the definition of dependent as per sec. 2(1) (d)(i) of the Workman 'sCompensation Act, 1923, as such, he is also entitled to get share in the compensation.