The main legal point established in the judgment is that the compensation amount, once deposited with the Commissioner, becomes the property of the sole dependant of the deceased workman, and if the sole dependant dies prior to the allotment of that compensation, the said amount devolves on the heirs of the dependant and not on the heirs of the deceased workman.

1. The Commissioner for Workmen's Compensation, Kottayam, has referred the following question of law for the decision of this Court under S.27 of the Workmen's Compensation Act:

"Whether the compensation amount deposited with the Commissioner for workmen's compensation becomes the property of the sole dependant of the deceased workman in case nobody opposes to that, and further, if that sole dependant dies prior to the allotment of that compensation whether the said amount devolve to bis or her heirs?"

2. Gopalan, a workman died on 22nd February, 1986 by accident arising out of and in the course of his employment in a Tea estate. The employer accepted the liability for compensation and deposited the compensation amount of Rs. 21,000/- with the Commissioner for Workmen's Compensation. He also submitted a statement in Form A showing that Thankamma, the widow, was the sole dependant of the deceased workman. Before the amount could be paid to her, she died on 20th November, 1986. In January, 1987, Mohanan, a son of the deceased Thankamma, claimed the amount on the strength of a succession certificate issued by the Administrator General in respect of the estate of Thankamma. Objections to the claim were invited by necessary publication. There was no objection from any quarter. But the Commissioner, entertained some doubts as to whether the amount could be disbursed to the heir of the dependant of the deceased workman The deceased workman had only one heir, his widow, dependant on him when he died. That sole dependant was entitled to the compensation amount. If the amount due to that dependant cannot be disbursed to the heirs, on her death, the amount naturally will have to be returned to the employer. A jurisdictional issue of the Commissioner to order payment in such cases arises for determination. The question of law formulated by the Commissioner was therefore referred to this Court under S.27 of the Act.

3. S.3 of the Act imposes a statutory liability on the employer to pay compensation in accordance with the provisions of the Act, to workmen who suffer personal injury by accident arising out of and in the course of employment. The amount of compensation is also fixed under the Act and S.4A insists that 'compensation under S.4 shall be paid as soon as it falls due'. Where the injury results in death, the compensation payable under the Act to the dependants of the deceased workman cannot be paid direct to them by the employer; the amount has to be deposited with the Commissioner. The Commissioner, after due notice and conducting the necessary enquiries, can direct apportionment of the amount payable among the dependants of the deceased workman or any of them in such proportion as the Commissioner thinks fit or may, in his discretion be allotted to any one of the dependants.

4. The answer to the question depends on a correct understanding of the scheme of the Act and the limited jurisdiction conferred on the Commissioner.

5. The right to compensation under the Act arises when a workman is injured by accident arising out of and in the course of his employment. The injury may result in death. Therefore, the liability to pay compensation is fastened immediately when the workman is injured or when be dies. The liability is not postponed because the payment is delayed. The right to receive compensation, frozen on the date of injury or death has to be worked out under the Act.

6. In the event of the death of the workman, the compensation is payable to his dependants, defined in S.2 (d) of the Act. If no dependants exist, the Commissioner is bound to direct the return of the compensation deposited to the employer. If there is more than one dependant, it is the Commissioner who has the discretion to apportion the compensation in such proportion as he deems fit and he has also the discretion to choose only one of these dependants for paying the entire compensation.

7. The compensation payable under the Act can not be assigned or cha