COMPENSATION claim

Dominion, Volume 34, Issue 121, 15 February 1941, Page 8

COMPENSATION claim

Case Of Widow Residing In Yugoslavia Following on a decision whereby rhe Compensation Court held Hint a. widow residing in Yugoslavia was entitled to claim compensation ttn (.lie case of her husband, who met his death in the course of employment in New Zealand, the Court has now issued tt further decision granting the widow £2OO compensation. Plaintiff was Marija Lipanovieli. of Yugoslavia, and defendant, Amner’s Lime Company, Ltd., Napier.

The basis of tbe first decision was that the evidence showed that the husband, George Lipanovieli, intended to establish bis home in New Zealand and to bring his wife and family with him as early as possible. These plans had been frustrated by the accident resulting in his death. The question before the Court as to the compensation to which the widow was entitled was the extent: of dependency. Because of fhe difficulty in present: conditions of securing ovi deuce from the widow in Yugoslavia, plaintiff's counsel. Mr. 'l'. C. 'Weliit, tigreed that: this question should bu decided from the I'acts brought before the Court al the hearing of Ihe question id’ dintieile. Counsel for defendant, Dr. O. C. Mazengarb, submitted that the basis of compensation should be that for partial dependency.

In tils judgment .Mr. Justice O'Regan remarked that though there was no evidence that deeeased made any remittance to his wife during the four years preceding his death, lie was satisfied that she suffered a substantial loss in that, had her husband lived, the family would subsequently have been re-united in a Now Zealand homo.