1938 Present: Poyser S.P.J.

ROSA MARIA v. JAYAWARDENE.

362-P.C. Colombo.

Workmen's compensation- Claim by sister of deceased workman- test of dependency -Ordinance No.19 of 1934.

The deceased workman contributed to the maintenance of his sister, the applicant till two years before his death, when he obtained employment in mines at Anuradhapura. After obtaining employment he ceased to contribute to her support. Shortly before his death the deceased had written to his sister and aunt saying that he was coming for the New Year with money.

Held, that the evidence was not sufficient to establish that the applicant was dependant of the deceased.

APPEAL from an order under the workmen's compensation ordinance.

J. R. Jayawardana (with him R. G. C. Pereira), for appellant.

No appearance for respondent.

November 11, 1938, POYSER S. P. J.-

This is an appeal under Workmen's Compensation  Ordinance, No. 19 of 1934. The commissioner found that the applicant was a defendant of the deceased workman and the only question that arises on the appeal is whether there was sufficient evidence before him to justify such findings.

The relevant facts