Waryam Singh vs Senior Sub-Judge

A.L. Bahri, J.—This appeal is directed against order of Senior Sub-Judge exercising powers of Commissioner under the Workmen''s Compensation Act, dated December 30, 1978, dismissing application of Waryam Singh for withdrawing the sum of Rs. 10,000/- deposited by the employer at Calcutta u/s 21(2) of the Workmen''s Compensation Act on account of compensation to be payable to the dependents of Gurcharan Singh, deceased workman. When Waryam Singh moved this application, notice was given to the general public. However, nobody came forward to oppose the application. Waryam Singh himself appeared as his own witness and stated that he was the real dependent of the deceased and thus entitled to the amount. Kirtan Singh, witness supported him; His claim was denied by the Commissioner on the ground that he had not stated further as to how he was dependent upon the deceased. In my view it was not at all necessary to give further details of dependency of Waryam Singh on the deceased as his sole statement which was unrebutted, that he was dependent upon the deceased was to be accepted. There was no reason to discard his statement.

For the reasons recorded above, this appeal is allowed. There is no order as to costs. The amount of Rs. 10,000/- received from Calcutta is ordered to be disbursed to Waryam Singh. If the amount has been returned to Calcutta, the Commissioner may get it back and disburse the same to Waryam Singh.