IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 31ST MAY 2007 / 10TH JYAISHTA 1929 MFA.No. 573 of 2000 --------------------------------- WCC.75/1997 of W.C.C.,KOZHIKODE .................... APPELLANTS/DEPENDENT NO.6&7: 1. P.K.AHAMED KOYA, F/O P.K.ALAVI, VATTAPARAKANDIYIL HOUSE, P.O.KIZHAKKAUMIRI, CALICUT. 2. AYISHA, D/P P.K.ALAVI, DO. DO. BY ADV. SRI.P.V.KUNHIKRISHNAN SMT.MARY ANNE JOSEPH RESPONDENTS/DEFENDANT NO.1 TO 5 & R1 & R2: 1. V.K.AMINA, D/O AHAMMED, VATTAPARAKANDIYIL HOUSE, P.O.KIZHAKKUMURI, CALICUT. 2. SAIFULLA, S/O P.K.ALAVI, DO. DO. 3. SOUDHA, D/O P.K.ALAVI, DO. DO. 4. RABIA, DO. DO. DO. 5. SAFIA, DO. DO. DO. 6. K.M.ABOOBACKER, S/O BUCHAVA, KAMPURATH MANZIL, KARANTHUR. 7. NATIONAL INSURANCE CO. LTD., JAIL ROAD, KOZHIKODE. (RESPONDENTS 4 & 5 ARE MINORS REP. BY R1) THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 31/05/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.F.A.No. 573 of 2000 --------------------------------- JUDGMENT Koshy, J. The Commissioner for Workmen's Compensation passed an award, when the dependents of a workman, who died in an accident during the course of his employment, applied for compensation. Compensation awarded is disputed by the employer. The Commissioner conducted enquiry regarding the dependency for disbursing the amount. The dependents included, wife, four children, father and mother of the deceased. Father and mother will come only in dependents list No.2. The Commissioner, therefore, after conducting enquiry, ordered to pay compensation to the father and mother at the rate of Rs.5,000/- each. Since the deceased died leaving his young wife and four children (at that time two children were minors), MFA 573/00 2 balance was directed to be paid to them. We are of the opinion that no interference is required in the proportions of disbursement. The appeal is dismissed. (J.B.Koshy, Judge) 31st May, 2007 (K.P.Balachandran, Judge) tkv MFA 573/00 3 J.B.Koshy & K.P.Balachandran, JJ. --------------------------------- M.F.A.No.573 of 2000 --------------------------------- JUDGMENT 31st May, 2007