A widowed sister who is a major is not a 'dependant' within the meaning of Section 2(1)(d) of the Workmen's Compensation Act, 1923.

JUDGMENT :

G.B. Patnaik, J. - This appeal is directed against the order of the Commissioner for Workmen's Compensation in Workmen's Compensation Case No. 103 of 1978, whereunder a sum of Rs. 19,200 has been awarded in favour of the respondent.

2. The respondent who is the sister as well as mother-in-law of the deceased had filed the application claiming to be a dependant under the Workmen's Compensation Act (hereinafter referred to as 'the Act') alleging therein that deceased M. Appal Konda Raju, on 23rd August 1978, while coming out of the factory premises after attending to his duty in the morning hours fell down at the main gate and on being removed to Ambaguda dispensary was declared to be dead. Before the Commissioner, the appellant though admitted that the deceased was working in the central workshop yet denied the allegation that he sustained some personal injury by accident arising out of and in course of his employment and, therefore, it was contended that no compensation is payable.

3. Three witnesses were examined on behalf of the claimant. The learned Commissioner did not rely on their evidence excepting relying on a part of their testimony that the deceased was suffering from a heart disease. But relying upon the evidence of the defence witnesses the Commissioner came to the conclusion that the deceased came out of the factory and had a heart attack on account of which he died and, therefore, it must be held that the deceased died of an accident arising out of and in course of his employment. Coming to the question whether the applicant was a dependant of the deceased u/s 2(1)(d) of the Act or not, the learned Commissioner came to the conclusion that the applicant was the widowed sister of the deceased and was staying with him. He, therefore, held that it must be held that she was a dependant of the deceased within the ambit of Section 2(1)(d) of the Act and accordingly the amount of compensation was awarded.

4. Sri A.B. Misra, the learned Counsel for the appellant, raises two contentions in this appeal. According to him u/s 3 of the Act, employer's liability for compensation arises if personal injury is caused to a workman by accident arising out of and in course of his employment. Since the deceased had a heart problem and there is no evidence to connect that the heart attack which he suffered on the fateful day has any connection with his course of employment in the factory, the employer would not be liable for any Compensation. It is further contended that under the Act, only a dependant is entitled to receive compensation and "dependant" has been defined in Section 2(1)(d) of the Act. The claimant who is either a widowed sister or the widowed mother-in-law of the deceased would not come within any of the categories enumerated in Section 2(1)(d) of the Act, and, therefore, is not entitled to claim any compensation.

5. Sri Ramdas, the learned Counsel for the respondent, on the other hand, contends that the deceased died as a result of strain caused upon his heart by the work he was discharging on the fateful day and he died immeditely after coming out of the factory and, therefore, it must be held that the death in question was caused by accident in course of the employment. The learned Counsel further urges that the claimant who is no other than a widowed sister and who lived with the deceased and was actually dependent on him. is the same person as an "unmarried sister" and would, therefore, be a "dependant" u/s 2(1)(d) of the Act and would accordingly be entitled to compensation. The rival contentions require careful examination.

6. Section 3(1) of the Act, as far as relevant, is extracted hereunder :

If personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this chapter ;

Provided that.

The most important phrase in the aforesaid section is "arising out of and in course of employment."