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1985 DIGILAW 266 (GUJ)

VRAJLAL LAXMIDAS LADANI v. ABDULHASAN

1985-10-14

R.C.MANKAD, S.A.SHAH

body1985
R. C. MANKAD, J. ( 1 ) (HIS Lordship after discussing the facts and holding that the award was proper proceeded to observe :) ( 2 ) ( 3 ) ( 4 ) ( 5 ) ( 6 ) ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( 7 ) HOWEVER before parting with the appeal we are distressed to observe that the learned Commissioner has not taken care to ensure that the amount awarded is not frittered away. The learned Commissioner should have borne in mind that the compensation amount was awarded to the widow an d children of the deceased for their maintenance. The learned Commissioner has completely lost sight of the fact that respondent No. 1 original applicant No. 1 is a widow of the the workman who in all probability is illiterate of semi-literate and remaining three respondents are minors. If the amount of compensation awarded to the respondents is squandered away the whole object of awarding compensation would be defeated. In our opinion in cases like this it is the duty of the Commissioners to protect the applicants or claimants like the respondents by directing investment of the compensation awarded to them. In case of minors the Commissioners should invariably order the investment of amount of compensation in long term fixed deposits at least till the slate the minors attain majority. The expenses incurred by the guardian of the minors or the next friend may however be allowed to be withdrawn. It is also necessary to safeguard the interest of the widows of the workmen who though adult may not be in a position to safeguard their own interests on account of lack of education or for other reasons. Therefore in case of widows also the Commissioners for Workmens Compensation should direct investment of the compensation amount awarded to them and such investment should ordinarily by in long term fixed deposits with nationalised banks. Therefore in case of widows also the Commissioners for Workmens Compensation should direct investment of the compensation amount awarded to them and such investment should ordinarily by in long term fixed deposits with nationalised banks. In case where investment in long term fixed deposits with nationalised Bank is made it should be on the condition that the Bank will not permit any loan or advance on the fixed deposit and the interest on the amount invested is paid monthly directly to the claimant or his guardian as the case may be. The same procedure should be followed in cases of applicantsclaimants other than widows and minors who are illiterate. In all cases the Commissioners should grant to the claimants or applicants liberty to apply for withdrawal in case of emergency. To meet with such a contingency if the amount awarded is substantial the Commissioner may direct to invest it in more than one Fixed Deposit so that if need be one such Fixed Deposit Receipt can be liquidated. We may draw the attention of the Commissioners for Workmens Compensation to a similar view taken by a Division Bench of this Court so which one of us (R. C Mankad J.) was a party in the case of Muljibhai v. United India Insurance Co. 23 (1) G. L. R. 756 which dealt with claim for compensation made before the Motor Accident Claims Tribunal. (Rest of the judgment is not material for the reports) (KMV) appeal dismissed .