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Andhra Pradesh High Court
Judges : G.V.L.NARASIMHA RAO, S.S.M.QUADRI
Employees State Insurance Corporation, Hyderabad - Appellant
Versus
Amina Bee - Respondent
Decided On : 02-08-93
EMPLOYEES STATE INSURANCE ACT, 1948 - SECTION 2(6-A), 46(D), 52, FIRST SCHEDULE PARAS 6(A), 8, 9 - DEPENDENTS BENEFIT - WIDOWED MOTHER - ENTITLEMENT - STANDARD RATE OF BENEFIT - FULL RATE - CALCULATION.
Fact of the Case:
The widowed mother of a deceased worker filed a case before the Insurance Court claiming benefit under the Employees State Insurance Act, 1948. The Insurance Court found that the petitioner was entitled to the dependent's benefit from the date of death of her son and allowed the petition directing the corporation to pay the dependent's benefit to the petitioner from that date. The corporation challenged the order, contending that the widowed mother was entitled to receive dependent's benefit as per the rates prescribed in the First Schedule, which was 3/10ths of the full rate.
Finding of the Court:
The court held that the widowed mother was entitled to the benefits as calculated under para 6 (a) of the First Schedule and as she falls within clause (i) of sub-sec. 6-A of Sec. 2 of the Act, she has to be treated on par with the widow of the deceased worker and will be entitled to the benefit at full rate.
Issues: Whether the widowed mother is entitled to the benefits under para 9 of the First schedule or para 6 (a) of the First Schedule.
Ratio Decidendi: The court interpreted the relevant provisions of the Employees State Insurance Act, 1948 and the First Schedule. It held that a widowed mother of the deceased worker falls under sub-clause (i) of Clause (6-A) of Sec. 2 of the Act and is "dependent" within the meaning of the Act. The court further held that para 9 of the First Schedule prescribes the dependents' benefits payable to other dependents, including parents, and that a parent is only entitled to an amount equivalent to 3/10ths of the full rate. Therefore, the order of the Insurance Court awarding the amount at full rate as per para 6 (a) of the First Schedule could not be sustained.
Final Decision: The court set aside the order of the Insurance Court and allowed the appeal, but without costs.
( 1 ) IN this appeal filed under Section 82 of the Employees State Insurance Act, 1948 (hereinafter referred to as the act ) the Employees State Insurance corporation is the appellant. It challenges the validity of the order passed by the employees Insurance Court, dt. October 3,1986 in E. I. Case No. 27 of 1986.
( 2 ) ONE Shaik Mahboob was an employee in the Boiler House of Sirsilk limited. While in service, he died on 26-1-1979. His widowed Mother, Amina bee, filed a case before the Insurance Court claiming benefit under the Act in e. I. Case No. 19 of 1981. By an order dt. 10-8-1984 the E. I. Court found that the accident which caused the death of the son of the petitioner, arose out of and in the course of employment. It also found that the petitioner was entitled to the dependent s benefit from 27-1-1979 and allowed the petition directing the corporation to pay the dependent s benefit to the petitioner from 27-1-1979. Complaining that instead of paying her a sum of Re. 3. 15 Ps. to wards dependent s benefit from 27-1-1979, the employer was paying only Rs. 0. 37 paise per day from 1979, she filed the present application in E. C. Case No. 27 of 1986. The defence of the Corporation is that the widowed mother is entitled to receive dependent s benefit as per the rates prescribed in the first schedule, which is 3/10ths of the full rate, that is, 75/2 paise equivalent to Rs. 0. 35 paise per day. After record ing the necessary evidence and considering the material on record, the E. I. Court held that the petitioner, the widowed mother of the deceased worker, was entitled to Rs. 3. 15 Ps. per day. It is the correctness of this order that is assailed in this appeal.
( 3 ) SRI l. A. Naidu, the learned counsel for the appellant, contends that the widowed mother is entitled to the benefits under para 9 of the First schedule, therefore, the E. I. court has erred in granting the amount over and abve the prescribed amount. Sri. Bikshapathy, the learned counsel appearing for the respondent, on the other hand, contends, that the widowed mother is entitled to the benefits as calculated under para 6 (a) of the first schedule and as she falls within clause (i) of sub-sec. 6-A of Sec. 2 of the Act, she has to be treated on par with the widow of the deceased worker and will be entitled to the benefit at full rate.
( 4 ) THE short question that arises for consideration in this appeaj, is, what is the entitlement of the widowed mother under the Act.
( 5 ) FOR this purpose it will be necessary to refer to the relevant portions of the act and the Schedule,
( 6 ) SECTION 46 deals with the benefits under the Act The benefits to the dependents are dealt with in clause (d) of Sec. 46 of the Act which is as follows:"46_-BENEFITS:- (1) Subject to the provisions of the Act, the insured persons (their dependents or the persons hereinafter mentioned, as the case may be.), shall be entitled to the following benefits, namely- (a) xxx (b) xxx (c) xxx (d) periodical payment to such dependent of an issured person who dies as a result of an employment injury sustained as an employee under this Act, asareentitled to compensation under this (hereinafter referred to as dependents benefit ). (e) xxx (f) xxx xxxxxx (2) xxx. "
( 7 ) FROM a perusal of Clause (d) of Sec. 46 of the Act, it is evident that the dependents of an insured person who died as a result of an employment injury sustained as an employee under the Act are entided to compensation under the act which is termed as "depensdents benefit. " Section 52 of the Act deals with the dependent s benefit. The. Section reads as follows;-"52. Dependent s banes :- (1) If an insured perscn dies as a result of an employment injury susutained as an employee under this Act (whether or not he was in receipt of any periodical payment for temporary disablement in respect of the injury) dependents benefit shall be payable in accordance with the provisions of the First Schedule to his depe
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