• The parents of the deceased workmen dependent upon his earnings will be entitled to compensation.
lvfanager, Boys Society, Tirumangalim, (represented, by its Secretary, Boys Town, Tirumangalam) v. V. Pa/ani, 1997-II CLR 691 (Mad He).
• Laying onus on claimant by Compensation Commissioner to prove the employment of deceased will not be legal.
Mangala Ben v. Dalitp Motwani, 1998 LLR 656 (MP He).
• Section 4 of the Workmens' Compensation Act mandates an employer to pay compensation amount as soon as it falls due to the victim of his/her legal heirs.
Traffic Mmager, New Mnngalore Port Trust (Regd) Cargo Handling Workers Admn. Wing. v, Radha B., 1998 LiC 2316: (1998) 93 FjR 387: (1998) 3 LLN 269: 1998 II LL) 764 (Kam HC).
• While making a claim under Workmen's Compensation Act, the claimant has to prove not only the prescribed relationship but that wholly or partly, he was dependent on the earnings of the deceased workman.
Commissioner, KovilpaHi Municipal, Kovelpatti v. Tamilarasan, (1999) 83 FLR 810: (1998) 4 LLN 318: 1998 11 LL) 683 (Mad He).
• No compensation will be paid to dependants of the deceased of an employee if his death is caused by committing suicide.
Bharat Heavy Electricats Ltd. v. Godawan Devi, (1998) 80 FLR 270: (1998) 1 CLR 995: 1999 LLR 136 (All HC).
• Dependents of driver will be entitled to compensation when he was killed while parking the truck.
New India Assurance Company Ltd. v. Dalibai, (2001) 1 LL) 771: 2000 LLR 378 (MP HC).
• Even an adopted son or daughter of a deceased workman can claim compensation under W.e. Act.
National Insurance Company Ltd. v. Kumari Gayatri Nanda, 2000 LLR 324 (Ori He).
• Awarding of compensation to the dependants of the deceased dying after duty will not be interfered in appeal.
South Eastern Coal Fields v. Sukrita Bai, (2000) 86 FLR 377: (2000) 3 CLR 397: (2000) II LL' 1219: 2000 LLR 880 (MP He).
• Compensation will be payable to the dependants of a driver who was not having even valid driving licence when he died on his way.
Oriental Insurance Company Ltd. v. Veena Sethi, 2000 LLR 1298 (Ori He).
• Compensation Commissioner should not be pedantic to ascertain the dependence of claimants on the deceased.
Damu S/o. Rama Sonawane v. Sayyed Yousuf Sayyed Talaluddin, 2000 LiC 3738: (2000) 3 CLR 187: (2000) 87 FLR 305: 2000 LLR 1153 (Born He).
• Denial of compensation to the dependents of a driver. will not be justified on the plea that there was no evidence that •the driver was sent for the work of the
company at the time of accident. .
Bhagat Singh v. Sandhu Singh, 2001 LiC 597: (2001) 1 LLR 905: 2001 LLR (Sum.) 415 (P&H He).
• The parents of the deceased either wholly or in part depending upon the earnings of the deceased workman at the time of his death will be deemed as dependents even when there was no averment by them that they were dependents upon the deceased.
T.D.P. Associate, Chennai v. K. Malarkodi, (2001) II LL) 535: 2001 LLR (Sum) 1070 (Mad HC).
• Married sister of a deceased living with her husband will not be dependent to claim compensation under the Act.
United Indu. Insurance Company Ltd. v. Rudramma, 2001 Lie 1247: (2001) 89 FLR 64: 2001 LLR (Sum) 637 (Kam He).
• There are no 'dependents' of the deceased, the amount of compensation as deposited will be returned to the employer.
United India Insurance Company Ltd. v. Rudramma" 2001 LIC 1247, (2001) 89 FLR 64, 2001 LLR (Sum) 637 (Kam HC).
• Dependents of the deceased carpenter, even though a casual worker, will be entitled to compensa tion.
Punnous@Kurian Udyog Engineering Works v. K.O. Devassy, 2003 LLR 218, 2003 (96) FLR 97 (Ker HC).
• Wife of the deceased employee as rendered to be disabled, cannot be deprived of compensation since son of the injured person has been provided with the employment on compassionate grounds as contracting out is prohibited under the Workmen's Compensation Act.
Anu Mary Tayade v. Commissioner of Workmen's Compensation, Thane, (2003) IV LLj (Supp) 873: 2003 LLR 613 (Born He).
• The dependent of the deceased who fell into the well while drawing water during duty hours and in the premises of the employer will be entitled to compensation, since the accident has arisen during the course of his employment.
Arunkumar v. Omana Amma, (2003) IV LLj (Supp) 549: 2003 LLR 850: 2003 (98) FLR 817 (Ker He).
• An employer will not be liable to pay compensation to the dependents of the deceased employee who has died in a private quarrel with another employee of the same employer since such a death can not a come. within the purview of /larising out of employment",
United India Insurance Company Ltd. v. Sudini Indira, 2003 LLR 1119: 2003 (98) FLR 451 (AP He).
• The dependents of deceased bus driver dying of heart attack on completion of journey will be entitled to compensation under Workmen's Compensation Act since such a death will be deemed as an accident arising out of and in the course of employment.
N.E.K.R.T.c., Bellary v. Marembess, 2004 LLR 33 (Kam He)
• A bus driver engaged as a substitute even for one day will be a workman and his dependent will be entitled to compensation when the driver dies in an accident occurring in the course of his employment.
New India Assurance Company Ltd. v. Mohan Kumar, Sahoo, 2004 LLR 71: 2003 (99) FLR 796 (Oli HC).
• When the record, as produced, showed that the glass splinters went into the eyes of the employee during the course of his employment, his claim for compensation resulting into 60% disability will be justified and in an appeal, the High Court has upheld the award of the Compensation Commissioner in grating compensation as stipulated depending upon the age and the disability of the employee.
Andhra Pradesh State Raad Transport Corporation, Bus Depot, Mahaboobnagar Dist., 2004 LLR 103 (AP He).
• Death of a workman due to heart attack while on duty will be deemed as if it arose of an accident arising in the course of employment and the dependents of the widow will be entitled to compensation under the Workmen's Compensation Act.
Kalyani P. v. Divisional Manager, Southern Railway (Personal Branch), Divisional Office, Madras, 2004 LLR 207: 2004-1 LLj 49 (Mad He).
• The dependants of the deceased workman will be entitled to compensation when the concerned workman died by falling into a well situated in the factory.
Branch Manager, New India Assurance Company Ltd, v. Siddappa, Major, 2004 LLR 731 (Karn HC).
• When adoption was not proper, adopted son will not be eligible for claiming compensation.
National Insurance Co. Ltd. v. Mst. Param Pal Singh, through his father Sh. Santokh Singh, 2007 LLR 984 (Del HC).
• Real brother or the son of real brother will not be 'dependent' to claim accident compensation.
National Insurance Co. Ltd. v. Mst. Param Pal Singh, through his father Sh. Santokh Singh, 2007 LLR 984 (Del HC).
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