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1977 Supreme(Mad) 201

KOSHAL
B. M. Habeebullah Maricar – Appellant
Versus
Periaswami and Others – Respondent


Advocates Appeared: For

Judgment :-

Koshal, J.

One Arumugham was employed with the petitioner as a workman and, while on duty, died as a result of a fall from a tractor on the 29th of October, 1969. His mother filed claim for Rs. 3, 500 under the Workman's Compensation Act (hereinafter referred to as the Act) before the Commissioner having jurisdiction, but the same was contested by the petitioner. During the pendency of that claim with the Commissioner, Arumgham's mother also died, whereafter her son Periaswami (respondent No. 1) and her two daughters Thailammal and Anjalai (respondents Nos. 2 and 3 respectively) made a joint application to the Commissioner praying that they be substituted for their mother as her legal representative. The application was also contested by the petitioner but was accepted by the Commissioner with a finding that the right to the claim survived to the three respondents and that they were entitled to be substituted as legal representatives for their mother.

2. The order of the Commissioner is dated the 30th of January, 1972, and it is that order by which the petitioner feels aggrieved and which he has attacked under Art. 226 of the Constitution of India with a prayer that it it





































































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