(Civil Miscellaneous Appeal filed against the award of the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour, Salem Region, Salem 7 dated 04.07.1997 made in W.C. No.44 of 1995.)

National Insurance Company Limited, Salem, (hereinafter referred to as "the Insurance Company") who was the third opposite party before the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour, Salem Region (hereinafter referred to as "the Commissioner") and P. Mathiyalagan, the owner of the auto in question, who was the first opposite party before the Commissioner, are the appellants herein and they have challenged the order of the Commissioner made in W.C. No.44 of 1995 dated 04.07.1997.

2. In respect of death of one Periyannan, his wife and minor children along with his parents, have filed a petition for compensation under the Workmen's Compensation Act, 1923 (hereinafter referred to as "the Act") for a sum of Rs.1 lakh. In support of their claim, the wife of the deceased was examined as P.W.1 and one R. Ganesan, a co-auto driver was examined as P.W.2 besides marking Exs. A.1 to A.5. On the side of the first and second opposite parties who are the fi