FAO 469 of 2009. 12.11.2009 Present: Mr. R.K.Gautam, Sr. Advocate, with Mr. Naveen Bhardwaj, counsel for the appellant. Mr. Sandeep Sharma, Assistant Solicitor General of India, for the respondent. This appeal has been preferred by the claimant against the judgment passed by the Commissioner under the Workmen’s Compensation Act, Kullu. The petition has been dismissed by the Commissioner who holds that the claimant was not dependent upon the deceased. While reaching at this conclusion, the Commissioner holds that the petitioner was a divorcee at the time of death of the deceased. Taking recourse to the provisions of Section 2(1) (d) (iii) of the Workmen’s Compensation Act, 1923, the Commissioner holds: “ …I subscribe to the argument of the ld. Counsel for the respondent that a divorced daughter is a married woman and hence cannot be a dependent under Section 2(d) (i). As far as the definition of dependent under Section (2) (d) (iii) (c ) is concerned I am of the considered opinion that only “minor married daughter” and “minor widowed daughter” are dependents under the Act. The words ‘married and a minor’ has to be read conjunctively -2- which would mean a married daughter who is minor, can claim herself dependent upon her father. As such this issue is decided in the negative.” This meaning cannot be ascribed to the provisions of the Act and is contrary even to a plain reading of what has been stated in the section. The interpretation placed that it is only minor married daughter and minor widowed daughter who can be treated as dependents, is absurd and cannot be accepted by any rule of interpretation. The Commissioner should have been aware that minors cannot be married under the law. This award is quashed and set aside and the case is remanded for decision afresh in accordance with law. The parties shall appear before the Commissioner on 30.11.2009, who shall dispose of the case not later than 31.1.2010. The appeal is accordingly disposed of. There shall be no order as to costs. November 12, 2009 (PC). (Dev Darshan Sud), J.