Honble SlNGHAL, J. — This misc. appeal has been filed against the award of the Workmens Compensation Commissioner, Kota dated October 12,1987.

(2). Learned counsel for the appellant has raised four main points against the award. The first point raised by the learned counsel for the appellant is that Ram Karan, major brother of the deceased is not a dependant in accordance with the definition given under Sec. 2 (1) (d) of the Workmens Compensation Act, 1923 (hereinafter called as the Act). The said Section 2 (1) (d) reads as under.

"2(1)(d): Dependant means any of the following relatives of a deceased workman, namely-

(i) a widow, major legitimate son, an unmarried daughter, or a widowed mother, and

(ii) if wholly dependent on the earnings of the workman at the time of his death, a son or a daughter who has attained the age of 18 years and who is infirm;

(iii) if wholly or in part dependant on the earnings of the workman at the time of his death-

(a) a widower,

(b) a parent other than a widowed mother,

(c) a minor illegitimate son, an unmarried illegitimate daughter or a daugther legitimate or illegitimate if married and a minor or if widowed and a minor,

(d) a minor brother or an unmarried

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