HIGH COURT MALAYA KUALA LUMPUR
KETUA PENGARAH PERTUBUHAN KESELAMATAN SOSIAL – Appellant
Versus
LAM KUN TAI (ENCL 1) – Respondent
[1] This is an appeal by the appellant, the Director General of the Social Security Organization ("the DG of SOCSO") in English or the Ketua Pengarah of the Pertubuhan Keselamatan Sosial ("PERKESO") in Malay, against the decision of the Chairman of the Employees' Social Security Appellate Board ("the SSAB").
[2] The SSAB decided that the respondent is entitled to a survivors' pension on the ground that the respondent falls within the category of 'dependant' under s 2(3) of the Employees' Social Security Act 1969 ("the ESSA 1969") (Act 4) being the widow of the deceased insured person ("the deceased") (see Exhibit at p 4 of the Record of Appeal ("ROA")).
Factual Background
[3] I shall set out the factual background of the appellant's appeal.
[4] Prior to the death of the deceased on 16 November 2015, the respondent had entered into a Chinese customary marriage with the deceased in 1991 at the Kowchow Sin Thye Foo Temple in Kepong.
[5] The respondent gave evidence that she and the deceasd also underwent a marriage ceremony at the deceased's grandmother's house in Sekinchan, Selangor.
[6] Photographs of the marriage ceremony were exhibited as evidence (see Exhibits at pp 26 - 27 of the
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