SANJIB BANERJEE,KAUSIK CHANDA,J. - (1.) The appeal is directed against an order dated October 26, 2018 passed by the Commissioner under the Workmen's Compensation Act, 1923.
(2.) Two principal grounds are urged by the appellant-employer: that the tribunal failed to take into account that no compensation was payable in this case since a dependant of the deceased erstwhile workman had been granted compassionate appointment by the employer; and, even if some compensation would still be due, the assessment made by the tribunal is completely awry.
(3.) According to the appellant, the purpose of compensating the dependants or the heirs or family members of a deceased workman by the employer is to ensure that the loss of the breadwinner of the family does not affect the day to day life of the family. The appellant says that it is for the selfsame purpose that an 'out of turn' employment is given to a dependant of a deceased workman by way of compassionate appointment. The employer contends that if relief in the form of compassionate appointment has been granted, the dependants or the heirs of the deceased workman no longer qualify to seek compensation under the Act of 1923.;