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R.D. Shukla, J.
Hariram v. M.P.E.B.
MA. No. 280 of 1982 (I); Decided on 23.9.1993.*
deZdkj Áfrdj vf/kfu;e] 1923 & /kkjk 3] 10 rFkk 22 & fo/kok oxZ 1 dh okfjl gS tcfd firk oxZ 2 dk & fo/kok }kjk iqufoZokg & e`rd deZdkj dh iRuh ds :i esa izksn~Hkwr izfrdj izkIr djus dk vf/kdkj uV ugha gks tkrkA
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. Thus, in the opinion of this Court there does not appear to be any reason for interference.
It has been contended in the memo of appeal that since Ramkanya has remarried and therefore the whole amount ought to have been awarded to father (appellant here). This contention cannot be accepted as that would be against the provisions of law. The inheritance is not kept in abeyance. It took place immediately after the death and since at the time of death Ramkanya was residing as wife of the deceased and, therefore she would be deemed to be a widow. Now there is no principle of limited heir. She will inherit absolutely with full rights and, therefore, even after remarriage she cannot be deprived of her right of getting compensation.
The appeal has no force and is dismissed accordingly. In the facts and circumstances of the case parties shall bear their own costs.
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
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