Only those who were dependent upon the deceased as per the provisions of the Act were entitled to compensation.

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. A compensation of Rs.16,00,000/- alongwith interest @ 12% per annum was prayed for.

2(ii). Respondents No.5 and 6 had preferred their separate claim petition. They opposed the claim petition filed by the present appellant by filing their separate reply. They raised preliminary objections that the appellant had no cause of action to file the petition and that the petition was not maintainable on her behalf. Respondents No.5 and 6 further submitted that the deceased-Sunil Kumar was employed as a Driver in an ambulance by the respondents No.1 to 3 on monthly salary of Rs.9,698/-. The ambulance met with an accident on 16.07.2016 at Badrash. Sunil Kumar succumbed to the injuries suffered by him. These two respondents, i.e. widow and daughter of the deceased, also highlighted the fact that subsequent to the death of Sh. Sunil Kumar, the appellant ousted them from their home and that they were residing in the parental house of respondent No.5. It was further the case of respondents No.5 and 6 that appellant's husband (deceased's father) was serving as a Foreman in SJVN Limited at Jhakri and drawing monthly salary of Rs.27,561/-. Therefore, the appellant was not dependent upon the deceased. It was only respondents No.5 and 6, who were dependent upon the deceased and entitled to the compensation.

2(iii). Learned Commissioner, on the basis of the pleadings of parties, framed various issues including the following two issues on the maintainability and locus standi of the appellant to maintain the petition:-

"6. Whether the petitioner has no cause of action to file the present petition, as alleged? OPR

7. Whether the petitioner has no locus standi to file the present petition, as alleged? OPR"

After considering the pleadings & evidence and after hearing the arguments, learned Commissioner, vide judgment dated 15.03.2021, held that the deceased-late Sh. Sunil Kumar was employed with respondents No.1 to 3 (respondents No.1 and 2 being principal employer and respondent No.3 being Contractor). He died during the course of his employment. His monthly salary was held to be Rs.8,500/-. After applying the relevant factor, compensation of Rs.8,54,280/- was worked out. Additionally, an amount of Rs.5,000/- towards performing last rites of the deceased and a penalty amount of Rs.50,000/- was also assessed by the learned Commissioner. The vehicle was found to be insured by respondent No.4 and therefore, liability to bear the burden of compensation was fastened upon it alongwith interest @ 12% per annum from the date of the accident till the date of actual payment of the entire amount. Respondent No.3 was held liable to pay the penalty amount of Rs.50,000/-.

2(iv). Respondents No.5 and 6, being dependants upon the deceased Sh. Sunil Kumar, have been held entitled to receive the en