ASSTT. ENGINEER RJASTHAN Vs. LALI DEVI

JUDGEMENT

(1.) This civil misc. appeal under Section 30 of the Employee's Compensation Act, 1923 (hereinafter 'the Act of 1923') has been filed against the judgment dated 17.01.1998, passed by the Employee's Compensation Commissioner, Dausa (hereinafter 'the Commissioner') whereby the respondent-applicant (hereinafter 'the applicant') was allowed to avail disbursement of a sum of Rs.1,82,370/- deposited as compensation by the appellant (hereinafter 'the non-applicant) for the death of one Laxmi Narain, who was at the relevant time employed with the non-applicant the Assistant Engineer.

(2.) The facts of the case are that the applicant Smt. Lali Devi wife of Shri Babulal filed an application for disbursement of compensation amount of Rs.1,82,370/- deposited by the non-applicant as compensation for the death of Laxmi Narain as employee of the erstwhile Rajasthan State Electricity Board (RSEB) who died in the course of his employment before the Employee's Compensation Commissioner, Dausa under the Act of 1923. It was stated that her father Laxmi Narain was a workman in the employment of the Assistant Engineer of the erstwhile Rajasthan State Electricity Board, Dausa [now the Jaipur Vidhyut Vitran Nigam Ltd. (JVVNL)]. In the course of his employment and reasons attributable thereto, Laxmi Narain expired in an electrical accident on 28.02.1997. The applicant submitted that she was the only surviving legal heir of the deceased Laxmi Narain and also claimed to be a dependant. In these circumstances, she claimed disbursement of the compensation of a sum of Rs.1,82,370/- as deposited on 29.09.1999 by the non-applicant with the Commissioner. On notice, the non-applicant appeared and opposed the claim petition. It was submitted that the applicant was not a dependant of her father, the deceased Laxmi Narain and in fact married to one Babulal on her own say about eight years prior to the death of Laxmi Narain. In these circumstances, it was prayed that the claim petition be dismissed. However, vide order dated 17.01.1998, the application for disbursement was allowed and the compensation of Rs.1,82,370/- earlier deposited by the non-applicant apportioned between the claimant Lali Devi and her two children as under :

(3.) Hence this appeal.