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2021 Supreme(HP) 394

JYOTSNA REWAL DUA
Santi Devi – Appellant
Versus
Director Of Health Services & Ors. – Respondent


Advocates appeared:
Daleep Singh Kaith, Advocate, Ritta Goswami, Advocate, Shriyek Sharda, Advocate

JUDGMENT

Jyotsna Rewal Dua, J. - The claim petition filed under Section 22 of the Employee's Compensation Act, 1923 (in short 'Act') by the mother of the deceased has been dismissed by the learned Commissioner, Employee's Compensation Act, Rampur Bushahr, District Shimla on 15.03.2021, holding that she had neither any cause of action nor the locus standi to maintain the petition. The widow and minor daughter of the deceased have been held entitled to the compensation amount, being dependent upon the deceased in terms of Section 2(d) of the Act. Aggrieved, instant appeal has been preferred by the mother of the deceased.

2. Facts:-

2(i). A claim petition was preferred by the appellant under the Employee's Compensation Act, with the averments that her son-Sunil Kumar was employed with respondents No.1 to 3. During the course of his employment, he met with an accident on 16.07.2016 and died on the spot. Deceased was 27 years old at the time of the accident. He had left behind his wife-Smt. Vinakshi/ respondent No.5, his minor daughter-Kumari Neha/ respondent No.6 and the appellant (mother) as his legal heirs. The appellant and respondents No.5 & 6 were dependent upon deceased's earning.

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