Sankaran, J.

In this appeal filed by the Oriental Insurance Co.Ltd., the appellant challenges the jurisdiction of the Commissioner for Workmen's Compensation to pass an order allowing recovery from the appellant, the compensation awarded to the workman, the first respondent.

2. The first respondent herein, applicant before the Commissioner, was working as a mahout of the elephant by name "Dhananjaya" owned by the second respondent herein. On 28.3.1998, while the applicant was engaged in his work as a mahout at a festival of Maniyoor Temple, he fell down while he was getting down from the top of the elephant as he was kicked by the elephant. The applicant sustained injuries. He was treated as an inpatient in the Medical College Hospital, Kozhikode from 28.3.1998 to 25.4.1998. He had to undergo a surgery, as he sustained fracture of his right femur. The Assistant Professor of Surgeon, Medical College Hospital, Kozhikode certified that the applicant sustained disablement and it was assessed at 30%. A sum of Rs.2 lakhs was claimed by the applicant as compensation. The employer, who is the owner of the elephant, as well as the insurance company were made opposite parties befor