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 compensation is awarded to the dependent by the Commissioner.

(2) Whether the amount of compensation becomes the property of dependents and vests in them as soon as it is deposited even before the Commissioner for Workmen's Compensation passes an order of disbursement?

2. The Workmen's Compensation Act, 1923, is an Act to provide for the payment by certain classes of employers to their workmen of compensation for injuries by accidents. Section 2 (1) (n) of the Act defines “wordman". The concluding portion of this definition says that “any reference to work man who has been injured shall, where the workman is dead, includes a reference to his dependents or any of them.” The word 'dependent' is defined in section 2 (1) (d) to mean relatives of a deceased workman enumerated therein. Section 3 of the Act provides that if a 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 Chapter II. Section 4 of the Act fixed the amount of compensation payable under section 3. Where death results from the injury the amount of compensation payable is as given in Schedule IV. Neither section 3 nor section 4 indicates as to whom the compensation is payable, but a look at section 8, which deals with distribution of compensation in respect of a workman whose injury has resulted in death, goes to show that the compensation is payable to the dependents as defined in the Act. Sub-section (1) of section & provides that no payment of compensation in respect of a workman whose injury has resulted in death shall be made otherwise than by deposit with the Commissioner. On deposit of compensation under sub-section (1) the Commissioner proceeds under sub-section (4) to deduct from the amount deposited the actual amount of the workman's funeral expenses not exceeding Rs. 50 for payment to the person by whom such expenses were incurred. The Commissioner then causes a notice to be published or served on each of the dependents calling upon the dependents to appear before him for determining the distribution of compensation. If the Commissioner is satisfied after inquiry that no dependent exists, he repays the balance of money to the employer by whom it was deposited. Sub-section (5) then provides that compensation deposited is apportioned amongst the dependents of the deceased workman in such proportion as the Commissioner thinks fit. The Commissioner may in his discretion allot the entire amount of compensation to one of the dependents. Section 9 of the Act which bears the heading "Compensation not to be assigned, attached or charged" reads as follows:-

"Save as provided by this Act, no lump sum or half monthly payment payable under this Act shall in any way be c