ORDER :

K.B. Asthana, J.—I think the learned Compensation Commissioner fell into an error in passing a decree for recovery of Rs. 7000/- as compensation against the Oriental Fire & General Insurance Company Ltd., the insurers of the vehicle which met with an accident resulting in the death of the driver Sobat Singh, the husband of the claimant, instead of passing a decree against Govind Singh, the owner of the vehicle and the employer of deceased Sabat Singh. The learned Compensation Commissioner relied on Section 95 and 96 of the Motor Vehicles Act and the terms of the insurance policy and thought that as a Compensation Commissioner under the Workmen's Compensation Act he had power and jurisdiction to pass a decree against the insurer instead of passing a decree against the insured. Section 95 of the Motor Vehicles Act lays down the essential terms of an insurance policy of a motor vehicle. Section 96 of the said Act lays down that when any decree is passed against the insured on the basis of a liability which the insurer has undertaken under the terms of the policy to indemnify the insured, then the person benefited by the said decree can realise the decretal amount from the insur