The court clarified the entitlement of the parties to the amounts payable under the Accidental Benefit Policy and the employer's deposits by interpreting the relevant provisions of the Payment of Gratuity Act and the General Insurance Business (Nationalisation) Act.

1. Krishan Partap was employed with M/s. Punjab Wireless Systems Ltd. , Chandigarh. He died on 19-5-1984 during the course of employment. The dispute in the present case is between the widow on the one side and the parents of Krishan Partap on the other regarding entitlement of amount payable under the Accidental Benefit Policy with the New India Assurance Company (hereinafter referred to as the Company) and some payments payable by the employer of the deceased such as gratuity, provident fund and arrears of pay etc.

2. Mangat Ram and Smt. Lai Devi father and mother of the deceased filed a suit for declaration that they were entitled to various amounts of their deceased son being his heirs. The suit was resisted by the widow. The trial Court by judgment and decree dated 8-1-1985 came to the conclusion that plaintiff No.2 (mother) was entitled to the estate of the deceased to the extent of half share including the half share of the amount of Rs.50,000/- payable by the Company on account of the Accident Benefit Policy. On appeal, learned Additional District Judge affirmed all the findings recorded by the trial. Court and dismissed the appeal by judgment and decree dated January 3, 1986.

3. The present appeal is at the instance of widow. The dispute herein is only in respect of a sum of Rs.3,759.70 paise deposited by the employer in this Court on 16-9-1986 on account of service benefits including gratuity, leave and bonus etc. and a sum of Rs.50,000/- payable by the Company on account of Accidental Benefit Policy held by the deceased. Out of this amount, a sum of Rs.25,000/- seems to have already been paid to the appellant by the Company, whereas the balance amount was deposited in this Court.

4. Learned counsel for the appellant submitted that in view of sub-section (h) of section 2 of the Payment of Gratuity Act, a mother is neither dependent nor a member of the family of the deceased and, therefore, she is not entitled to any payment deposited by the employer on account of gratuity, leave and bonus etc. as these amounts do not form part of the estate of the deceased. The learned counsel in support of his submission relied upon Smt. K. Satyavati V/s. Regional Director, Employees State Insurance Corporation, Hyderabad, 1991 Lab. and Indl. Cases 1142.

5. After hearing learned counsel for the appellant I find farce in his submission. I sum of Rs.3,759.70 paise which had been deposited by the employer on account of gratuity, leave and bonus etc. do not form part of the estate of the deceased. In view of the provisions of sub-section (h) of Sec.2 of the Payment of Gratuity Act, a mother is not entitled to this amount. She is not proved to be dependent on the deceased by any evidence produced on the record. For my above conclusion. I seek support from the observations made in Smt. K. Satyctvatis case (supra ). As regards the amount paid by the Company under the Accidental Benefit Policy held by the deceased, in my view, the same would form part of the estate of the deceased and, therefore, the mother would be entitled to share it equally with the widow of the deceased. Sub-section (p) of Sec.2 of the General Insurance Business (Nationalisation) Act, 1972 provides that words and expression used in this Act but not defined herein and defined in the Insurance Act, shall have the meaning respectively assigned to them in that Act. It was rightly conceded by the counsel for the appellant that proceeds of Life Insurance Policy under the Insurance Act form part of the estate of the deceased and all the heirs as detailed in Sec.8 of the Hindu Succession Act are entitled to a share therein and in view of the definition as given in sub-section (p) of Sec.2 of the 1972 Act aforesaid, the same would be the position of the money payable by the Company in respect of the Accidental Benefit Policy held by the deceased. Thus, the mother and widow would be entitled to share the same equally.

6. In view of the aforesaid discussion and observatio