DECISION ' This is an appeal under section 30 of the Workmen's Compensation Act, 1923 against the order dated 12-4-1990, passed by the Commissioner Workmen's Compensation, West Division, Karachi, awarding the amount of Rs,31,258 deposited by M/s. E.M. Oil Mills & Industries Limited, Karachi, the respondent, in respect of compensation of deceased workman Muhammad Hussain son of Jalal Khan.
2. I have heard Mr. Khalid Mehmood Nasir, learned Advocate for the appellant and have also gone through the record and proceedings of the case.
3. The brother of deceased one Kala Khan claimed his share in the compensation amount of the deceased workman. It appears from the record that deceased had two brothers Kala Khan and one Allah Ditta, who has filed application to be joined as party in the appeal and who was also examined before the Commissioner. However, the learned Commissioner came to the conclusion, that deceased workman had divorced his wife and had left behind only one minor daughter Mst.
Shabnum. He awarded the amount to Mst. Shabnum minor daughter of the deceased workman and further ordered that the amount be deposited in the fixed deposit until Mst. Shabnum attained the age of maturity.
4. Word 'dependent' has been defined under section 2(i)(d) of the Workmen's Compensation Act. It does not include brother. Under subsection (5) of section 8, the compensation deposited in respect of a deceased workman shall, subject to any deduction made, be apportioned amongst the dependents of the deceased workman or any of them in such proportion as the Commissioner thinks fit, or may, in the discretion of the Commissioner, be allotted to any one dependent. The brother, not being a dependant, has no right over the compensation deposited in respect of deceased workman. As such Kala Khan cannot be an aggrieved party to file the appeal and his claim cannot be allowed by this Tribunal. Appeal is dismissed in limine.