The appeal is directed against the judgment and order dated 13.7.82 of commissioner for workmen's compensation, Ratlam, passed in Case No. 28/91, whereby the appellant-father of the deceased Karu has been awarded Rs. 6,000/- and the rest of the amount i.e., Rs. 10,930/- has been directed to be paid to respondent No. 2, the wife of deceased.

The brief history of the case is that the deceased Karu was a worker with respondent No. 1 i.e. M.P.E.B. He died during the course of employment and as such Rs. 16,800/- were deposited by the respondent No. 1 for being paid to heirs of the deceased. After enquiry learned commissioner directed payment as follows :--

Ramkanya wd/o Karu . . . Rs. 10,050/-

Hariram, appellant Rs. 6,770/-

There is no dispute that Ramkanya is legally wedded wife of deceased as such she would be a class. I heir under the Hindu Succession Act. The father, appellant (here) would be a Class-II heir.

It is also an established principle of law that class-I heir inherits in preference to class-II heir. It appears learned Commissioner has awarded the amount to the appellant by showing the clemency and further as the father may have been dependent on the deceased