Bishambhar Dayal, J.

This is a writ petition by the Northern India Insurance Co., Indore Branch, for quashing an order passed by the Commissioner, Workmen's Compensation, Indore, holding the applicant liable for payment of Rs.8400/- as compensation to respondent No. 2.

The facts of the case are not in dispute. Respondent No 2 was a workman employed by respondent No. 3. While working on his duty he met with an accident and suffered an injury. Respondent No. 2 filed an application before the Commissioner for Workmen's Compensation. During the pendency of this petition, the applicant was made a party at the request of both the parties because the applicant had insured the truck in connection with which the accident had occured. The applicant filed a written statement and denied all the facts stated by respondent No. 2 in his claim petition and denied its responsibility to pay the compensation but did not thereafter appear and the proceedings went on ex parte. The learned Commissioner framed several issues and also framed an additional issue as follows:

Is the opposite party No. 2 liable under the Act to pay compensation to the applicant ?

After taking evidence the Commissioner found