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2000 DIGILAW 157 (ORI)

LAXMIRANI BEHERA v. COMMISSIONER FOR WORKMENs COMPENSATION, BALASORE

2000-03-22

P.K.MISRA

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P. K. MISHRA, J. ( 1 ) THIS appeal has been filed by the widow of late Haris Chandra Behera. The only question raised in this appeal is as to whether the direction of the Workmen's Compensation commissioner to pay a portion of the awarded amount to present respondent No. 2 is sustainable in law. There is no dispute that the present appellant is the wife of the deceased-Haris Chandra Behera and respondent No. 3 is the mother. Similarly, there is no dispute that respondents 4 to 8 are the children of the deceased through the present respondent No. 2. ( 2 ) THE only question is relating to the status of respondent No. 3. It has been found that respondent No. 2 was the concubine of the deceased and respondents No. 4 to 8 were born through her. Section 2 (l) (d) of the Workmen's compensation Act provides as follows:"2. Definitions: (1) In this Act, unless there is anything repugnant in the subject or context, (a) to (c) xx xx xx xx xx (D) "dependent" means any of the following relatives of a deceased workman, namely, (i) a widow, a minor illegitimate or adopted son, an unmarried legitimate or adopted daughter, or a widowed mother; and (ii) xx xx xx xx xx xx (iii) xx xx xx xx xx xx"as children of the deceased (even though illegitimate) respondents 4 to 8 are entitled to compensation. However, since respondent no. 2 was the concubine of the deceased, she, not being a widow, cannot be characterised as dependent as defined in the Workmen's compensation Act. The direction of the workmen's Compensation Commissioner to pay certain amount to present respondent No. 2, therefore, cannot be sustained. As a consequence of this conclusion, the amount payable to other claimants/dependents is modified in the following manner. Out of the total sum of Rs. 1,84,370. 00 a sum of Rs. 30,000. 00 shall be paid to the present appellant. A sum of Rs. 26,000. 00 each shall be paid to respondents 4, 5, 6, 7 and 8 and the balance sum of rs. 24, 370/- shall be paid to respondent No. 3, the mother of the deceased. No amount is payable to respondent No. 2. ( 3 ) SUBJECT to the aforesaid direction, the decision of the Commissioner is modified and the appeal is allowed to the extent indicated. 24, 370/- shall be paid to respondent No. 3, the mother of the deceased. No amount is payable to respondent No. 2. ( 3 ) SUBJECT to the aforesaid direction, the decision of the Commissioner is modified and the appeal is allowed to the extent indicated. There will be no order as to costs.