High Court Punjab-Haryana High Court

Pritam Kaur And Another vs The Punjab State Electricity … on 19 November, 2008

Punjab-Haryana High Court
Pritam Kaur And Another vs The Punjab State Electricity … on 19 November, 2008
 IN THE HIGH COURT OF PUNJAB AND HARYANA
              AT CHANDIGARH


                                      F.A.O. No. 1155 of 1985
                                       Date of Decision : November 19, 2008


Pritam Kaur and another
                                                             ....Appellants
                                 Versus

The Punjab State Electricity Board, Patiala and others
                                                          .....Respondents


CORAM : HON'BLE MR. JUSTICE T.P.S. MANN


Present :   Mr. Harpreet Singh Giani, Advocate
            for the appellants.

            Mr. S.K. Gupta, Advocate
            for respondents No. 1 to 5.

            Mr. M.S. Dhillon, Advocate
            for respondent No. 6.


T.P.S. MANN, J.

Challenge in the appeal is to the order dated September 27,

1985 passed by Commissioner under Workmen’s Compensation Act,

Amritsar, whereby application filed by the appellants for a direction to the

respondents to pay compensation to the appellants was dismissed.

Gurmej Singh was employed with the Punjab State Electricity Board.

However, on 2.7.1981 he died as a result of an accident which arose out of

and in the course of his employment. The appellants, who are his parents

sought the compensation under the Workmen’s Compensation Act
F.A.O. No. 1155 of 1985 -2-

(hereinafter referred to as ‘the Act’) as they had been dependant upon him.

Respondents No. 1 to 5 opposed the claim petition by pleading

that the appellants had not approached the Court with clean hands as they

concealed the fact that Gurmej Singh had left behind Sukchain Kaur as his

widow. Moreover, the death of Gurmej Singh was caused due to his own

negligence. Respondent No. 6 also claimed that she, being widow of Gurmej

Singh, was the only one who was dependant upon him and, thereafter,

entitled to receive the amount.

Learned Commissioner framed the following issues on the

basis of the pleadings of the parties :-

1. Whether Gurmej Singh died on 2.7.1981 due to

electric shock ? OPA.

2. Whether the applicants were dependant of the

deceased ? OPA.

3. Whether Shmt. Sukchain Kaur widow of Gurmej

Singh has remarried and is not entitled to any

compensation ? OPA.

4. Whether the applicants have got no locus standi to

file the present petition ?

5. Whether this court has no jurisdiction to entertain

the present petition? OPR.

6. Relief
F.A.O. No. 1155 of 1985 -3-

After going through the material on the record and hearing

learned counsel for the parties, learned Commissioner held that respondent

No. 6 being widow of Gurmej Singh and who had not re-married after the

death of Gurmej Singh was entitled to receive the amount of compensation

and, that too, in preference to the appellants who were parents of the

deceased. Hence, the present appeal by the parents of the deceased

employee under Section 30 of the Act.

The only issue which arises for determination in the present

appeal is as to whether the appellants are entitled to receive the amount of

compensation, being parents of deceased Gurmej Singh, or respondent No. 6,

who stood married to the deceased employee at the time of the accident.

Section 2(1)(d) of the Act defines the term “dependant” as fol-
lows :-

(d) “dependent” means any of the following relatives of a de-

ceased workman, namely :-

(i) a widow, a minor legitimate or adopted son, an unmar-

ried legitimate or adopted daughter, or a widowed
mother; and

(ii) if wholly dependent on the earnings of the workman at
the time of his death, a son or a daughter who has at-
tained the age of 18 years and who is infirm;

(iii) if wholly or in part dependent on the earnings of the
workman at the time of his death,-

                    (a)    a widower,


                    (b)    a parent other than a widowed mother,
 F.A.O. No. 1155 of 1985                                              -4-

(c) a minor illegitimate son, an unmarried illegiti-

mate daughter or a daughter legitimate or ille-
gitimate or adopted if married and a minor or if
widowed and a minor,

(d) a minor brother or an unmarried sister or a wid-

owed sister if a minor,

(e) a widowed daughter-in-law,

(f) a minor child of a pre-deceased son,

(g) a minor child of a pre-deceased daughter where
no parent of the child is alive, or

(h) a paternal grandparent if no parent of the work-

man is alive;

Explanation : For the purposes of sub-clause (ii) and
items (f) and (g) of sub-clause (iii), references to a son,
daughter or child include an adopted son, daughter or
child respectively.

The appellants are the parents of the deceased. Pritam Kaur,

mother of the deceased was not a widowed mother so that she could be

termed as a dependant of deceased workman. The parents could be

considered dependants of deceased workman only if they were wholly or in

part dependant on the earnings of the workman at the time of his death.

There is no material on the file that the appellants were dependents on the

earnings of deceased workman. It was not disputed that the appellants had

four other children, who were also earning hands. Therefore, the appellants

were not shown to be wholly or in part dependant upon their deceased son.

On the other hand, it had been admitted by Pritam Kaur-appellant that her

deceased son Gurmej Singh left behind his widow Sukchain Kaur,
F.A.O. No. 1155 of 1985 -5-

respondent No. 6. Mere fact that Sukchain Kaur, respondent No. 6 could get

remarried is no ground to disentitle her from the compensation or to hold

that she was not a dependant of deceased workman. Learned counsel

appearing for respondent No. 6 states that the said respondent has not

remarried. This stand of respondent No. 6 could not be refuted by learned

counsel representing the appellants. If that be the position even today, i.e.

more than 23 years after the passing of the impugned order by learned

Commissioner, it was respondent No. 6, who was exclusively entitled to

receive the amount of compensation and not the appellants.

The findings arrived at by the learned Commissioner, while

denying the payment of compensation amount to the appellants were based

on proper appreciation of the material available on the file. These findings

of facts cannot be disturbed in an appeal under Section 30 of the Act, which

is maintainable only on a substantial question of law and not otherwise.

Resultantly, the appeal is dismissed, being without any merit.





                                                 ( T.P.S. MANN )
November 19, 2008                                     JUDGE
satish