1. Definition of Dependent: Major brothers of a deceased workman do not fall within the definition of 'dependent' under Section 2(1)(d) of the Employees Compensation Act, 1923. Only minor brothers who are wholly or partially dependent are covered under the specific clauses for dependents.
2. Accrual of Right to Compensation: The right to receive compensation crystallizes in favor of the dependants of a deceased workman immediately on the date of the workman's death. The relevant date for ascertaining the existence of a claim is the date of death, not the date of filing the claim petition. Consequently, no provision exists requiring the dependent to be alive at the time of filing.
3. Transmission of Right on Dependent's Death: If a dependent dies after the accrual of the compensation right (on the workman's death) but before filing the claim petition, the crystallized right passes by operation of law to the legal representatives of the deceased dependent. This transmission is not prohibited by Section 9 of the Act, which restricts assignment 'by operation of law' in specific contexts but does not bar devolution by succession to legal heirs.
4. Employer Liability and Penalty: The employer and the insurance company are jointly and severally liable to pay compensation. The levy of penalty under Section 4A(3) of the Act is valid even if no express separate legal notice was sent specifically demanding deposit of compensation, provided the employer was served with the claim petition notice and had a reasonable opportunity to show cause, which serves as adequate notice.
5. Amendment of Cause Title: The Commissioner is not empowered to arbitrarily amend the cause title without party application; however, if the amendment reflects corrections visible on the claim petition filed by the parties themselves, no separate application is required.
