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2014 (9) TMI 39 - HC - Indian LawsDistribution of compensation granted - Divorce of husband and wife - Whether a divorced wife is a widow and hence dependent of the husband at the time of his death, within the meaning of Section 2(1)(d) of the Workmen's Compensation Act, 1923 - Held that:- for the purpose of enquiry under the Act, 1923, the respondent cannot be said to be enjoying the status of widow of deceased Kishore. Once we find that so far as the enquiry under the Act, 1923 is concerned, the respondent was not the widow of deceased Kishore, she would be out of the scope and ambit of the definition of the term, 'dependent' as given in Section 2(1)(d) of the Workmen's Compensation Act, 1923, which describes, inter alia, a widow of a deceased workman as his dependant. respondent cannot be termed as a widow in this case and as such the first impugned order passed by learned Commissioner, Chandrapur cannot be sustained in law. It would then follow that the subsequent order refusing to revise the first order can also be not upheld - Following decision of Smt. Rambai Vs. Ramesh Kumar reported at [1995 (7) TMI 421 - MADHYA PRADESH HIGH COURT] - Decided in favour of appellants.
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