R. Sengottuvelan, J.

1. This Civil Miscellaneous Appeal is filed against the order of the Additional Commissioner for Workmen's Compensation, Coimbatore, passed in W.C. No. 44 of 1978, by one K. Saraswathi the wife of the deceased K. Guruswami who was employed as a driver under the second respondent herein. According to the appellant, K. Guruswami died in the course of his employment and as such she is entitled to compensation.

2. In the application before the Additional Commissioner for Workmen's Compensation the appellant impleaded one S. Narayanaswami as opposite party No.1, the first respondent herein, since the registration of the lorry stood in the name of S. Narayanaswami and M. Palaniappan as opposite party No. 2, the second respondent herein, since he is the actual owner of the lorry. The Oriental Fire and General Insurance Company, Madras, was also impleaded as opposite party No. 3.

3. The first respondent herein filed a counter statement before the Additional Commissioner for Workmen's Compensation to the effect that he sold the lorry to the second respondent herein and hence he is not the employer.

4. The second respondent herein also filed a counter statement before t