The interpretation of the definition of 'dependent' under Section 2 (1) (d) of the Workmen's Compensation Act to include parents who were entitled to receive benefits from the earnings of the deceased in normal circumstances, even if they did not actually receive such benefits.

G.D. Saxena, J.

This appeal under Section 30 of the Workmen's Compensation Act 1973 (for brevity the “Act”) has been preferred by the claimants being aggrieved by an order dated 13th August 2012 in a Case No. 43 B/WCA/F/12 of the Commissioner for Workmen's Compensation No.2, Gwalior dismissing their application under Section 8 of the Act by holding that they were not the dependents as defined in Section 2 (1) (d) of the Act.

(2) Undisputed facts of the case are that deceased, Ajay Kumar Pushpad died on 5th January 2012 in the course of employment in an accident occurred on 12th December 2011 at his work place at Mihona, district Bhind. Admittedly, he was working as line attendant on contract basis under employment of M.P. Madhya Vidhyut Vitaran Company posted at Mihona district Bhind. On 12th December 2012, he was deputed to fix DO on electric poll. During working of removing default in electric line, he came into contract of the running electric current and was seriously injured. He was firstly admitted in J.A. Hospital Gwalior but thereafter for the best available treatment he was referred to T. Choithram Hospital, Indore. Due to misfortune, he expired during treatment in T. Choithram Hospital, Indore on 5th January 2012. It is also admitted that in response to the liability fixed under the provisions contemplated in the Act, the respondent- Company deposited Rs. 8,90,480/- before the court of Commissioner, Gwalior.

(3) The deceased was unmarried. Appellants No.1 and 2 are his parents while appellants No.3 and 4 are brothers, who initiated the proceedings before the learned Commissioner claiming themselves to be legal representatives of the deceased. It is not in dispute that appellant No.1-father, namely, Dinesh Chandra is in service and so he is not dependent on the deceased. Similarly, appellant No.2-mother, namely, Smt. Nirmala and appellants No.3 and 4, i.e., brothers, namely, Vijay and Ajay are also not dependents being looked after by the appellant No.1. In such circumstances, the application filed by the appellants/claimants under Section 8 of the Act came to be dismissed on the ground that they are not legal representatives in the light of definition explained in Section 2 (1) (d) of the Act, hence, this appeal.

(4) Now, the question that calls for consideration is whether the appellant No.2-mother Smt. Nirmala Devi and minor brother Akshya Pushpad (appellant No.4) can be treated as wholly/partly dependents on the earnings of the deceased/workman, in the light of Section 2 (1) (d) of the Act?

Section 2 of the Workmen's Compensation Act 1923 is as follows:-

2. Definitions.-(1) In this Act unless there is anything repugnant in the subject or context-

(d) “Dependant” means any of the following relatives of a deceased [employee], namely-

(i) a widow, a minor [legitimate or adopted] son, an unmarried [legitimate or adopted] daughter, or a widowed mother; and

(ii) if wholly dependent on the earnings of the workman at the time of his death, a son or a daughter who has attained the age of 18 years and who is infirm;

(iii) if wholly or in part dependent on the earnings of the workman at the time of his death-

(a) a widower,

(b) a parent other than a widowed mother,

(c) a minor illegitimate son, an unmarried illegitimate daughter or a daughter [legitimate or illegitimate or adopted] if married and a minor or if widowed and a minor,

(d) a minor brother or an unmarried sister or a widowed sister if a minor,

(e) a widowed daughter-in-law, 4 Misc. Appeal 1096/12

(f) a minor child of a pre-deceased son,

(g) a minor child of a pre-deceased daughter where no parent of the child is alive, or

(h) a paternal grandparent if no parent of the workman is alive]

Explanation.-For the purposes of sub-clause (ii) and items (f) and (g) of sub-clause (iii), references to a son, daughter or child include an adopted son, daughter or child respectively;

(ff) “minor” means a person who has not attained the age of 18 years;]

(5) In the case of Ramji @ another Vs.