JUDGMENT ( 1. ) SUBSTANTIAL questions of law: 1. Whether the mother of the deceased if not a widow is not a dependent in law and not entitled to compensation? ii. Whether the WC Commissioner committed error in assessing the wages of the deceased at a lower rate at Rs. 2,135/- per month on the basis of minimum wages which is perversely contrary to the evidence on record? ( 2. ) THE provisions of Section 2 (d) of the Workmen's Compensation Act are extracted hereunder for convenient reference. (d) "dependent" means any of the following relatives of a deceased workman, namely:- (i) a widow, a minor (legitimate or adopted) son, an unmarried (legitimate or adopted) daughter, or a widowed mother; and (ii) if wholly depending 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; (hi) if wholly or in part dependent 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 daughter (legitimate or illegitimate or adopted) if married and a minor or if widowed and a minor. (d) A minor brother or an unmarried sister or a widowed sister if a minor, (e) A widowed daughter-in-law, (f) A minor child of a pre-deceased son, (g) A minor child of a pre-deceased daughter where no parent of the child is alive, or (h) A paternal grandparent if no parent of the workman is alive); explanation.-For the purposes of sub-clause (ii) and items (f) and (g) of sub-clause (iii), references to a son, daughter or child include an adopted son, daughter or child respectively); provisions of Section 2 (d) appear to be totally archaic and not in tune with the modern mind of the society. The illegitimate minor children are not kept on par with the legitimate or adopted children. A legitimate or adopted minor children are defined as first category dependents. The minor illegitimate children are entitled to seek compensation only when they prove that they are wholly or in part dependent on the earnings of the deceased workman. The illegitimate children under the personal law have right to inherit the estate of their parents. A legitimate or adopted minor children are defined as first category dependents. The minor illegitimate children are entitled to seek compensation only when they prove that they are wholly or in part dependent on the earnings of the deceased workman. The illegitimate children under the personal law have right to inherit the estate of their parents. The discriminatory treatment meted to illegitimate children under the W.C. Act is patently discriminatory and does not stand test of article 14. The anomaly needs expeditious legislative action to amend the definition. ( 3. ) IN the instant case, the father of the deceased is one of the claimants. It is in evidence that the deceased was contributing his earnings for the maintenance of the family, hence, the father also becomes partially dependent on the earnings of the deceased and entitled to seek compensation. ( 4. ) THE claimant as well owner of the tractor has stated that the deceased was given salary of Rs. 3,500/- and a daily bata of Rs. 25/ -. The insurer has not placed any contra evidence to disprove the claim. The WC commissioner was not justified in assessing the monthly wages on the basis of minimum wages, when there is positive evidence to prove that the deceased was getting monthly wages of Rs. 3,500/- and daily bata of Rs. 25/ -. In that view, it is just and necessary that the monthly wages of the deceased should be assessed at a maximum statutory limit of Rs. 4,000/-per month. The claimants are entitled to compensation of Rs. 4,52,760. 00 (Rs. 2000 x 226.38) with interest at 12% one month after the date of accident till payment in view of the ruling of the Supreme Court in Pratap Narain singh Deo Vs. Shrinivas Sabata and Another, AIR 1976 SC 222 . M.F.A. is allowed accordingly. ( 5. ) THE Registry is directed to send the copy of this order to the Principal secretary, Law and Parliamentary Affairs to bring to the notice of the concerned authorities to effect necessary amendment to Section 2 of the w.C. Act.