STATE OF RAJASTHAN Vs. KESU LAL

JUDGEMENT

(1.) Having heard learned counsel for the appellant and perused the application under Section 5 of the Limitation Act, we find that no cause much less sufficient cause has been shown by the appellant for not filing the appeal within limitation. We have also heard the learned counsel for the appellant on merit and found that there is no merit in this appeal.

(2.) The wife of respondent during the course of employment with the appellant received injury as a result of falling of a stone on her head under which she was crushed and thereafter, she died. The compensation claim under Workmens Compensation Act was filed by her husband the respondent. The Workmens Compensation Commissioner determined the amount of compensation payable to husband and two children of deceased, on admitted facts that Smt. Manaki was employed @ Rs. 32/- per day and was so employed at the time of accident.

(3.) The Commissioner also found that it has come on record that the deceased had one son Varda and daughter Shanti, who have not been impleaded in the claim petition. The learned Commissioner after taking into account the dependency of son Varda and daughter Shanti issued direction to make distribution of the compensation under Section 8 of the Act after the amount of compensation is deposited with it.