G R SANE Vs. DSSONAVANE AND CO

JUDGEMENT

(1.) This is an appeal from the First Class Subordinate Judge at Dharwar sitting as Commissioner for Workmen's Compensation under the Act of 1923. Under Section 30 of that Act, an appeal only lies to this Court on a substantial question of law. That section is as follows: (1) An appeal shall lie to the High Court from the following orders of a Commissioner, namely: Then there are set out in sub-paragraphs various types of orders from which an appeal lies, followed by this proviso: Provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal and, in the case of an order other than an order such as is referred to in Clause (b), Unless the amount in dispute in the appeal is not less than three hundred rupees.

(2.) On March 21, 1939, a Workman of the name of Fatechand was killed, and it seems that he was living in adulterous intercourse with opponent No. 1, who was the wife of another man, and who had two young children whom admittedly Fatechand maintained as though they were his own children. The two children are opponents Nos. 2 and 3 in this Court, whilst the appellant is one of the alleged employers of Fatechand. The other alleged employer has not appealed, and whatever the result of this appeal may be, the order of the lower Court remains binding on him.

(3.) By Sub-section 2(1)(d) of the Workmen's Compensation Act, 1923, "dependant" is defined, amongst other definitions, as follows: (ii) if wholly or in part dependant on the earnings of the workman at the time of his death, a widower, a parent other than a widowed mother, a minor illegitimate son, an unmarried illegitimate daughter....