( 1 ) THIS appeal is filed by the insurance company to challenge the order dated 9. 9. 1997 in case No. Wca:cr:no. 28 of 1995, passed by the workmen's compensation commissioner, sub-division i, bangalore. In passing the said order, the workmen's compensation commissioner had awarded Rs. 2,21,370 as compensation payable to the l. rs. Of the deceased respondent nos. 2 and 3.

( 2 ) THE appellant insurance company is represented by the learned counsel Mr. S. p. shankar. On the other side, the respondent No. 1 owner is represented by Mr. Chennaraya reddy, whereas, respondent nos. 2 and 3 contesting respondents are represented by Mr. T. V. Ramesh.

( 3 ) MR. S. P. Shankar while urging the grounds made out in the appeal memorandum, more specifically, the ground No. 2, had taken me through the impugned order under challenge. It was his argument that the workmen's compensation commissioner, sub-division No. I, Bangalore, henceforth in brief referred to as 'the wcc' had made mistake in the matter of the application of the law under Section 4 (1) (a) of the workmen's compensation Act, henceforth 'the act', inasmuch as he had taken the wages of the deceased at Rs. 2,000 per