9911796707
TMI Blog2014 (9) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... tion Act, 1923, which describes, inter alia, a widow of a deceased workman as his dependant. respondent cannot be termed as a widow in this case and as such the first impugned order passed by learned Commissioner, Chandrapur cannot be sustained in law. It would then follow that the subsequent order refusing to revise the first order can also be not upheld - Following decision of Smt. Rambai Vs. Ramesh Kumar reported at [1995 (7) TMI 421 - MADHYA PRADESH HIGH COURT] - Decided in favour of appellants. - Appeal No. 544 of 2013 - - - Dated:- 9-1-2014 - S. B. SHUKRE, J. JUDGMENT 1. This appeal is directed against the order passed on 08/11/2011 in D.W.C.A. No.12/2009 filed under Section 8(4) of Workmen's Compensation Act, 1923 (fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had been staying separately from the deceased since 1996 till his death for a period of 14 years and with such long separation also, the sanctity of the relationship of husband and wife in between the respondent and deceased Kishore had come to an end. Appellant No.1 had performed marriage with deceased Kishore on 16/11/1997 as per the usages and customs applicable to the followers of Buddhist religion. Appellants No.2 to 4 are the children born out of this wedlock. The appellants submitted that they being the only dependents of the deceased Kishore, they were entitled to receive the compensation in its entirety. 3. After making an enquiry and hearing both the sides, learned Commissioner found that the appellants, being widow and childr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, 1923? 6. I have heard Shri Khajanchi, learned Advocate for the appellant and Shri Isaac, learned Counsel who has waived notice for the respondent, on the substantial question of law as framed above. With their assistance, I have gone through the memo of appeal and the paper book including the copies of the impugned orders. 7. In this case, it was the specific averment of the appellants that appellant No.1 was the second wife of deceased Kishore and respondent was the first wife of the deceased, who had been divorced by the deceased in the year 1996, prior to the marriage between deceased Kishore and appellant No.1. The appellants had claimed, as seen from their application filed under Section 8(4) of the Act, 1923, that deceased Ki ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kishore. A widow is a woman, as we understand from the meaning of the term in its ordinary sense, whose husband is dead and who has not married again. A man is husband of a woman only as long as there is no snapping of matrimonial relations by a divorce a vinculo or dissolution of marriage or death. 9. In the case of Smt. Rambai Vs. Ramesh Kumar reported at AIR 1996 M.P. 144 cited before me by learned Counsel for the appellants, the meaning assigned to the word 'widow' in 'Words and Phrases Permanent Edition, Vol.45 page 141 has been approved by the learned Single Judge of Madhya Pradesh High Court. The learned Judge has held that, Where husband and wife are divorced a vinculo, the wife after the husband's death is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d any reason as to how the respondent could be given the status of a widow in the instant case. I have already discussed earlier in details as to how the respondent cannot be termed as a widow in this case and as such the first impugned order passed by learned Commissioner, Chandrapur cannot be sustained in law. It would then follow that the subsequent order refusing to revise the first order can also be not upheld. The substantial question of law is thus answered accordingly. 12. In the circumstances, I find that both the impugned orders deserve to be quashed and set aside to the extent they grant 50% of the compensation amount to be distributed to the respondent and I do so. The appeal is allowed and it is directed that the entire a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
