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2007 Supreme(Kar) 424

K.SREEDHAR RAO, L.NARAYANA SWAMY
Dundappa Mahadevappa Bidarannavar – Appellant
Versus
Nagappa N. Jannanavar – Respondent


Advocates Appeared:
A.N.Krishna Swamy, H.M.Handral, Laxman Mantagani,

JUDGMENT

( 1. ) SUBSTANTIAL questions of law:

1. Whether the mother of the deceased if not a widow is not a dependent in law and not entitled to compensation?

ii. Whether the WC Commissioner committed error in assessing the wages of the deceased at a lower rate at Rs. 2,135/- per month on the basis of minimum wages which is perversely contrary to the evidence on record?

( 2. ) THE provisions of Section 2 (d) of the Workmen's Compensation Act are extracted hereunder for convenient reference. (d) "dependent" means any of the following relatives of a deceased workman, namely:- (i) a widow, a minor (legitimate or adopted) son, an unmarried (legitimate or adopted) daughter, or a widowed mother; and (ii) if wholly depending on the earnings of the workman at the time of his death, a son or a daughter who has attained the age of 18 years and who is infirm; (hi) 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; (c) a minor illegitimate son, an unmarried illegitimate daughter or a daughter (legitimate or illegitimate or adopted) if married and a minor or if widowed and a minor. (d) A minor brother o





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