Find a Lawyer

Appeal No. LHR-6 of 1976-PB, decided on 10th May 1976.

S. 8-Dependant - Right of compensation-Compensation once awarded to a dependant Becomes property of that dependant after allotment of compensation dying-Compensation falling to his share, held, devolves upon his heirs and cannot revert back to employer-Deceased workman leaving behind widow, mother and unmarried sister - Widow dying after Commissioner's decision regarding her share out of compensation amount - Commissioner subsequently awarding share of deceased widow to mother and un married sister-Commissioner's subsequent decision in circumstances, set aside and share of deceased widow, held, would be payable to her legal heirs.

Pasupati Dutt v. Kelvin Jute Mills A I R 1937 Cal. 495; Ikkasshltukath Abdurahfman and another v. Nadakkavu Malikkal Beeran Koya A I R 1938 Mad. 402 rel.

Yousaf Hussain Dilawri for Appellants.

Nemo for Respondents.

Date of hearing: 4th May 1976.

This is an appeal against the order dated 25-7-1967 of Commissioner for Workmen's Compensation, Lahore. This appeal was pending in the High Court but in view of subsection (4) of section 30 of the Workmen's Compensation Act, added by Labour Laws (Amendment) Ordinance, XII of 1974, this appeal was transferred to the Tribunal for disposal by the High Court vide order dated 4-2-1976.

2. The facts giving rise to the appeal are that one Muhammad Aslam deceased, an employee of the Railway met with a fatal accident on 16-9-1964. The Railway Authorities deposited a" sum of Rs. 6,000 in the Court of the learned Commissioner, who brought on the record three dependants of the deceased, namely:-

(1) Mst. Bilqis Begum, widow of the deceased.

(3) Mst. Karamun Nisa, mother of the deceased.

(3) Mst. Shahzadi Begum, unmarried sister of the deceased. The learned Commissioner vide order dated 14-5-1965 distributed the aforementioned amount as under:-

(1) Mst. Bilqis Begum widow of the deceased-Rs. 3,000 to be paid at the rate of Rs. 100 p.m.

(2) Mst. Karamunisa, mother of the deceased-Rs. 2,000 to be paid at the rate ofis. 75 p.m.

(3) Mst. Shahzadi Begum, unmarried sister of the deceased-Rs. 1,000 to be paid in lump sum by a crossed cheque.

3. Against the above order Mst. Bilqis Begum widow of the deceased filed F.A.O. No. 80 of 1965 in the High Court. During the pendency of the above appeal Mst. Bilqis Begum died. Her Legal Representatives namely, Muhammad Yusaf, father and Mst. Wilayat Begum, mother were brought on the record on 16-1-67. The Legal Representatives submitted an application in the High Court, seeking permission to withdraw the F.A.O. Their application was allowed by a Division Bench of the High Court on 31-1-1967. After that they applied to the learned Commissioner for the payment of the sum of Rs. 3,000 which had been awarded to Mst. Bilqis Begum. The Commissioner sent notices to Mst. Karamun Nisa and Mst. Shahzadi Begum to contest the application. They thereupon contested the application, and the learned Commissioner vide order under appeal directed that the sum of Rs. 3,000 lying in the Court be paid to the mother of the deceased, Mst. Karamun Nisa in lump sum by a crossed cheque.

Aggrieved by the above order Mohammad Yousaf and Wilayat Begum had preferred this appeal. On 13-4-1976 when the appeal came up for hearing before the Tribunal, the respondents namely Mst. Karamun Nisa and Mst. Shahzadi Begum did not put in appearance. In fact they refused to accept service of the registered notices sent to them. Ex parte proceedings were thereupon ordered against them.

5. The learned Commissioner in my view had no power to review or alter the decision of the Commissioner dated 14-5-1965. In the case, A Pasupati Dutt v. Kelvin Jute Mills (A I R 1937 Cal. 495) it was held:-

"On the death of a workman through some accident arising in the course of his employment, a right to the compensation, payable by the employer under the Workmen's Compensation Act vests in his dependant or dependants actually existing at the time of his death: and if such dependant dies before any claim to such compensation is made or investigated, the right passes on to his heirs or legal representatives as they are included in the word "dependants" in section 8."

In the case, Ikkassintakath Abdurahiman and another v. Nadakkavau Malikkal Beeran Koya (A I R 1938 Mad. 402) it was held:-

"Once an allotment of compensation to a dependant or a distribution of compensation money among several dependants is made, the com pensation so allotted or distributed becomes the property of the dependant and if the dependant and if the dependent dies, the said sum being his property will devolve on his or her heirs and will not revert back to the employer." '

6. These authorities were cited before the learned Commissioner but I am surprised that he brushed them aside as irrelevant to the point in issue. In fact they are most relevant

In the result I accept the appeal, set aside the order of the learned Commissioner and direct that the sum of Rs. 3,000 be paid to the appellants who are the legal heirs of Mst. Bilqis Begum deceased. This case being very old, I direct that this order be complied with without undue delay. No order as to costs.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.