This appeal by the mother of the deceased workman, Syed Zulfiqar Hussain Warsi, is directed against the order of the Commissioner of Workmen's Compensation, dated 22nd February, 1979, apportioning the amount deposited by the employer of the deceased workman, on account of his Group Insurance etc., solely among the two dependents of the deceased workman, respondents Nos. 1 and 2.
2. Very briefly the facts which have given rise to this appeal are, that Syed Zulfiqar Hussain Warsi died in a traffic accident on 30th December, 1977, while returning to his place of duty after an official assignment. His employers, Messrs Hoechst Pharmaceutical Company Ltd., deposited on account of the liabilities for the death of Syed Zulfiqar Hussain Warsi, a sum of Rs. 15,000 as payment of Group Insurance. They also deposited a sum of Rs. 2,517-55 towards Gratuity and Bonus and a further sum of Rs. 1,759-72 as the Provident Fund of the deceased. Mst. Shaheda Begum, on behalf of herself and her daughter Nausheen, filed an application with the Commissioner for distribution of the deposited amounts, to her and her daughter. Her application was allowed by the Commissioner and the entire amount deposited by the employer of the deceased workman, including the amount of Group Insurance, has been ordered by the Commissioner to be distributed to them. Aggrieved by this order, the mother of the deceased workman has come to this Court.
3. I have heard Mr. A. A. Abbasi who appears for the appellant. The respondents have remained absent despite notice. Therefore, I have not bad the benefit of hearing their contentions.
4. Mr. Abbasi claims a share on behalf of the appellant only in the amount of Group insurance, on the basis of the provisions of Standing Order 10 (B). The learned Commissioner has taken the view that the entire amount deposited by the employer of the deceased workman, including the Group Insurance amount, is to be distributed only among the dependents of the workman. In passing this order, he has overlooked the provisions of Standing Order 10 (B) which specifically provide that the amount of the Group Insurance is to be distributed among the heir of the deceased. The appellant being the mother of the decease workman is undoubtedly his heir and is accordingly entitled to a shay in the amount of Group Insurance in accordance with the Muslim Law of Inheritance. Since the father of the deceased workman is also admittedly alive, the appellant will be entitled to 1/16th amount in the Group Insurance. No claim has been preferred by the father of the deceased workman as possibly he may have wanted the entire amount to go to the widow and the daughter of his deceased son.
5. The appeal is, therefore, allowed to the extent that the appellant will receive 1/16th share of the Group Insurance amount of Rs. 15,000 deposited by the employer. The remaining amount to be distributed in accordance with the orders of the Commissioner among respondents Nos. 1 and 2.