JUDGMENT :

M.N. Shukla, J.—The employer, Sital Prasad, in the present appeal u/s 30 of the Workmen's Compensation Act challenges the order of the Workmen's Compensation Commissioner, Banda dated 25-5-1974, holding the Appellant liable to pay compensation to the dependents of the deceased workman Abdul Hamid, a bus conductor, to the tune of Rs. 4,200/-. The two substantial questions of law which have arisen in this appeal are:

(i) Whether the Compensation Commissioner had jurisdiction to award compensation against the insurance company ? and

(ii) Whether the insurer i.e. the company was a necessary or proper party to the proceedings before the Compensation Commissioner ?

2. The material facts of the case are that Abdul Hamid, workman, was employed by Sital Prasad, in whose name there was a permit to ply the vehicle which was being actually plied by the proprietor of the vehicle viz. M/s. New Buland Gupta Transport Company. The aforesaid employee received personal injury on 9-11-1969 by accident arising out of and in the course of his employment, resulting in his death the same day. The Respondent No. 1, who is the widow and Respondent Nos. 2 to 5, who are the other dependents of the dec