Case Note & Summary
The case arises from the death of Kishore Tode, a Senior Overman with Western Coal Fields, who died in a workplace accident on 4 June 2009 when a heap of sand collapsed and buried him. His body was recovered on 12 June 2009. The employer deposited compensation of Rs. 3,51,080 with the Commissioner under the Workmen's Compensation Act, 1923. The appellants, being the widow (appellant No.1) and three minor children (appellants No.2-4) of the deceased, filed an application under Section 8(4) of the Act for distribution of the compensation. They claimed that the respondent, Vandana, was the first wife of the deceased but had been divorced on 22 May 1996 as per Buddhist customs, and had been living separately for 14 years. The Commissioner, however, held that the divorce was not proved and directed equal distribution among the four claimants, including the respondent. The appellants appealed against this order and also against the subsequent order refusing revision. The High Court examined the evidence, including a divorce deed (Exh.28) and testimony of witnesses, and found that the divorce was validly performed as per Buddhist customs. The court noted that the respondent had not challenged the divorce deed or the evidence. The court held that the respondent ceased to be a wife and was not a dependent of the deceased. The court allowed the appeal, set aside the Commissioner's orders, and directed that the entire compensation be distributed among the appellants only.
Headnote
A) Workmen's Compensation - Distribution of Compensation - Section 8(4) Workmen's Compensation Act, 1923 - Divorce under Buddhist Customs - The issue was whether a divorced wife is entitled to compensation as a dependent. The court held that the divorce was valid as per Buddhist customs and the respondent ceased to be a wife, thus not a dependent. The compensation was directed to be distributed solely among the appellants, the widow and children of the deceased. (Paras 1-9)
Issue of Consideration
Whether the respondent, who was divorced by the deceased as per Buddhist customs, is entitled to a share in the compensation amount deposited under the Workmen's Compensation Act, 1923.
Final Decision
Appeal allowed. Orders dated 08/11/2011 and 20/9/2012 set aside. The entire compensation amount of Rs. 3,51,080 with accrued interest shall be distributed among the appellants only.
Law Points
- Workmen's Compensation Act
- 1923
- Section 8(4)
- distribution of compensation
- divorce under Buddhist customs
- validity of divorce
- dependents' entitlement
