Judgment :- Whether one of the dependents of a deceased insured workman is entitled to the full rate of dependant benefits in the absence of any other dependant is the question involved in this case. 2. The Wife, daughter and mother of a deceased employee covered under the E.S.I. Act filed I.C. 51/1999 before the E.I. Court, Alappuzha, for declaration that the death of the employee was as a result of an employment injury and that they were entitled to the dependents benefits under the E.S.I. Rules. The E.I. Court declared that the death of the employee was due to the employment injury and the dependents were entitled to the dependents benefits. Accordingly, dependant benefits were awarded to the widow, son and daughter of the deceased. Later it was found that the son was not eligible for the dependant benefits as he was found above the age of 18. The daughter of the deceased workman got married on 20-5-2000 and thereby she was also disentitled to the benefits. The widowed mother of the deceased employee also died. Thereafter the wife of the deceased employee alone was entitled to the dependant benefits. She filed M.P. 130/02 is I.C. 51/99 claiming that she was entitled to the full rate of dependant benefits. The above claim was allowed by the E.I. Court, Aggrieved by the above order, the E.S.I. Corporation filed this appeal challenging the above order. 3. The learned counsel for the E.S.I. Corporation argued that as per the Scheme of dependant benefits under R.58 of the E.S.I. Rules, definite share of the dependants benefits allowable to each and every dependant of an employee who died out of an employment injury had been specified and each would be entitled to such share of dependant benefits, and such specified share could not be varied due to the presence or absence of any other dependants. R. 58 of E.S.I. Rules which deals with the dependant benefits, reads: “58. R. 58 of E.S.I. Rules which deals with the dependant benefits, reads: “58. Dependents’ benefits 1) Dependants’ benefits shall be paid to the dependants of the insured person who dies as a result of an employment injury, in the following manner:- A. In the case of death of the insured person, the dependants’ benefits shall be payable to his widow and children as follows: a) to the widow during life until remarriage, an amount equivalent to three-fifths of the full rater and if there are two or more widows, the amount payable to the widows as aforesaid shall be divided equally between the widows: b) to each legitimate or adopted son, an amount equivalent to two- fifths of the full rate until he attains the age of eighteen years. Provided that in the case of a legitimate son who is infirm and who is wholly dependant on the earnings of the insured person at the time of his death, dependants’ benefits shall continue to be paid while the infirmity lasts; c) to each legitimate or adopted unmarried daughter, an amount equivalent to two-fifths of the full rate until she attains the age of eighteen years or until marriage, whichever is earlier Provided that in the case of legitimate or adopted unmarried daughter who is infirm and is wholly dependant on the earnings of the insured person at the time of his death, dependents’ benefit shall continue to be paid while the infirmity lasts and she continues to be unmarried. Provided Further that if the total of the dependants’ benefit distributed among the widow or widows and legitimate or adopted children of the deceased person as aforesaid exceeds at any time the full rate the share of each of the dependants shall be proportionately reduced, so that the total amount payable to them does not exceed the amount of disablement benefits at the full rate. B) In case the deceased person does not leave not leave a widow or legitimate or adopted child, dependant’s benefit shall be payable to other dependents as follows: a) to a parent or grant-parent, for life, at an amount equivalent to three-tenths of the full rate and if there are two or more parents or grandparents, the amount payable to the parents or grandparents as aforesaid shall be equally divided between them; b) to any other— i) male dependant, until he attains the age of eighteen years ii) female dependant, until she attains the age of eighteen years or until marriage, whichever is earlier or if widowed, until she attains eighteen years of age or remarriage, whichever is earlier, at an amount equivalent to two-tenths of the full rate. Provided that if there be more than one dependant under clause (b), the amount payable under this clause shall be equally divided between them.” The above provision would reveal that each and every dependant of the deceased employee was eligible to a particular share from the full rate of benefit. Sub Rule 2 of Rule 58 says that daily rate of dependants benefits shall be 40% more than the standard benefit rate specified in R. 54. The daily rate of benefit in respect of the employees based on the wages had been specified in R. 54. Thus, the daily rate of dependents benefit allowable to the dependants of a deceased employee shall be the standard benefit rate fixed under R. 54 plus 40% of the same and the above amount shall be divided among the dependants. AS per Sub Rule 1 of Rule 58 the widow shall be entitled to 3/5 share during her lifetime or till remarriage. Each son and each daughter shall be entitled to 2/5 shares of the full rate of benefit. A son shall be entitled to the dependant benefit up to the age of 18 and a daughter till she attains the age of 18 years or until marriage whichever is earlier. It further says that if the total of the dependents benefits to be distributed among the wife and children of the deceased, exceeds the full rate at any time, the share of each dependant shall be proportionally reduced so that the total amount payable does not exceed the amount at the full rate. The dependents mentioned in clause (B) of R. 58(1). The dependents mentioned in clause (B) of R. 58(1). If there is any dependant coming under clause (A) the dependants in clause (B) shall not be eligible for dependant benefits. The rate of dependants share allowable to the dependents mentioned in clause (A) & (B) also differs. The mother of the deceased employee who was a dependent coming in Clause (B) was not entitled to dependants’ benefits. The relief under Sec. 58(1) towards the payment of dependants benefit is not in the form of family pension as under other Schemes. It is purely a special benefit conferred to the dependents of an employee who dies as a result of an employment injury, and the dependants are entitled to specific share from of the full rate of benefit. The Scheme under R. 58 is a totally different one intended to provide benefits to the dependants of an employee loosing his life out of an employment injury and the above benefits is not available to the dependents of an employee who dies otherwise than due to an employment injury. 4. Clause 84 of the Employees’ State Insurance (General) Regulations, 1950 deals with the review of dependents benefits. Clause 84 reads: “84. Review of dependants’ benefit (1) The amounts payable as dependants’ -benefit in respect of the death of any insured person may be reviewed by the appropriate regional office at its own initiative, and shall be so reviewed if an application is made to that effect, under any of the following circumstances- a) If any of the beneficiaries ceases to be entitled to the dependents’ benefit by reason of marriage, re-marriage, death age or otherwise, or b) if a fresh dependant is admitted to the claim for dependants’ benefit by the birth of a posthumous child or c) if, after the previous decision as to the distribution of the dependents’ benefit was taken, some facts materially affecting such distribution come to light. 2) Any review under this regulation shall be made after giving due notice by registered post to each of the dependants, stating therein the reasons for the proposed review and giving them an opportunity to submit objections, if any, to such review. 2) Any review under this regulation shall be made after giving due notice by registered post to each of the dependants, stating therein the reasons for the proposed review and giving them an opportunity to submit objections, if any, to such review. 3) Subject to the provisions of the Act and these regulations, the appropriate regional office may, as a result of such review, commence, continue, increase, reduce or discontinue from such date as it may decide the share of any of the dependents”. It appears, the petition was filed by the widow of the deceased for reviewing the amount payable towards dependents benefit under Clause 84 of the Regulation. The above clause permits the authority to review the amount payable to the dependents towards dependents benefits and it does not permit the grant of the full rate of benefit in favour of one of the dependents. Suppose there were two sons one daughter and the widow, each son and the daughter would be entitled to 2/5 share and the widow to 3/5 share of the full benefit rate. As it would exceed the full rate of benefits the amount due to each would be proportionally reduced in view of the proviso to Rule 58(1) (A). When one of the sons attain the age of 18, he becomes disentitled to the benefit. Then the full rate of benefits shall be divided among the other dependents viz., one son one daughter and the widow retaining their respective shares. By such review, there will be change in the amount allowable to each dependant. Likewise when the daughter gets married, she becomes disentitled and there shall be a change in the amount due to others viz., the widow and son. Suppose the total benefit rate is Rs. 100/- the widow will get Rs. 33.40 and the two sons and daughter will get Rs. 22.20 each. When one son attains the age of majority, the widow will get Rs. 42.85 and the other son and daughter will get Rs. 28.58 each. When the daughter gets married the mother will get Rs. 60/- and the other son Rs. 40/-. But when the son become disentitled, there will be no further change in the amount due to the widow as she is entitled only to 3/5 share of the full benefit rate. 28.58 each. When the daughter gets married the mother will get Rs. 60/- and the other son Rs. 40/-. But when the son become disentitled, there will be no further change in the amount due to the widow as she is entitled only to 3/5 share of the full benefit rate. The revision contemplated under Clause 84 of the Regulation is only in respect of such revision in the amount and it does not contemplate the reversion of the right of one of the dependents to another dependant. As per the Scheme under the Rule 58, the share of benefit to each and every dependant has been specified and such share does not vary. The variation contemplated under Clause 84 of the Regulation is only in the qunatum or amount which may differ due to the change in the number of dependants. The widow being the sole dependant will be entitled to 3/5 share of the full benefit rate, and she shall not be entitled to the full benefit rate. Hence the order passed by the E.I. Court cannot be sustained and is liable to be set aside. In the result this appeal is allowed. The Order of the E.I. Court, Alappuzha, in M.P. 130/02 in I.C. 51/99 is set aside. The widow shall be entitled to 3/5 share only of full rate of benefit.