L. MOHAPATRA, J.

( 1 ) THIS appeal arises out of an Award passed by the Commissioner for Workmen's Compensation. The Full Bench is called upon to answer the reference made by the Hon'ble Single Judge on the following issue: Whether in absence of a provision alike Section 149 of the M. V. Act, 1988 the Commissioner for Workmen's Compensation can be directed to determine the issue between the insurer and the insured regarding allegation of violation of policy conditions and to proceed for recovery of the amount so paid to the third party from the insured.

( 2 ) BEFORE answering the reference it is necessary to refer to the facts and law involved in the case. Claimants are the legal heirs of deceased Sananda Chulia. Said Sananda Chulia was working as a driver under one Bhimsen Behera in his trekker bearing registration No. OR-15-B-0914. On 12. 1. 1997 while the deceased was driving the aforesaid vehicle, met with an accident near Atabira, as a result of which he sustained bodily injuries and ultimately succumbed to the injuries. Owner of he offending vehicle having refused to pay compensation, the claimants approached the Commissioner for Workmen's Compensation, Sambalpur Division i