JUDGMENT :

T. Chandrasekhara Menon, J.

The 2nd respondent in this original petition had filed an application before the Workmen's Compensation Commissioner, Kozhikode, stating that he was a workman employed by the petitioner herein and that he had received personal injury on 14.1.1973 by accident arising out of and in the course of his employment. It is stated in the application that the cause of injury was that one Alavi the driver of lorry K.L.D. 9833 negligently started the lorry, as a result of which the 2nd respondent fell dawn when he was trying to load the vehicle and sustained injury on his face resulting in disfigurement of the face. According to the petitioner, he was not the employer of the 2nd respondent. Though he was initially the owner of the said lorry ho is alleged to have sold the vehicle to one N.P. Aboo Backer on 10.9.1972 as per an agreement executed on that day. The petitioner contended that he never employed the 2nd respondent and, therefore, he was not a workman under the petitioner. According to the petitioner, the 2nd respondent was employed by Aboo Backer, the purchaser of the vehicle. Alavi, the driver of the vehicle was also not employed by the petitioner