G.P. Singh, C.J.

1. This is a reference made by the Commissioner for workmen's compensation under section 27 of the workmen's Compensation Act, 1923. The facts, briefly stated, are that one Amar Singh was employed as a temporary Mate in the Central Railways. Amar Singh died on 16th April 1971 as he was knocked down by a railway engine while on duty. The Divisional Accounts Officer, Central Railway, deposited Rs.6,000 as compensation on the death of \mar Singh. The only dependent as defined under section 2 (d) of the Act left by the deceased was his widowed mother who also died before she could file any claim application. The widowed mother left behind as her heir Madho Singh, Madho Singh is a brother or the deceased Amar Singh but be is not a dependent as defined in the Act. Madho Singh applied to the Commissioner for payment of compensation. On these facts the Commissioner has referred the following questions of law for our answer:-

(1) Whether the heir of a deceased dependent can claim the amount deposited as compensation under the W.C. Act 1923 even though dependant dies before he or she could file a claim before Commissioner for workmen's compensation and before compensa