1 FA : 1567/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1567 OF 2010 Mr. Afzal s/o Shadulmia Jamge .... Appellant Vs. Mr. Shaikh Abdul Khader Ata .... Opp. Party And National Insurance Co. Limited .... Respondents. Mr. Shaishai Sakhare, Advocate for appellant. None for respondents. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 11th March, 2011 P.C. 1. This first appeal is preferred against the judgment and order dated 12th August 2010 of the Commissioner for Workmen’s Compensation, Mumbai and Judge, 5th Labour Court, Mumbai rejecting the application for compensation filed by the appellant. By the impugned judgment, the learned Commissioner has arrived at the findings that the appellant has failed to prove that i) there was relationship of employer and employee between him and respondent no.1, ii) the accident had taken in the course of employment, iii) there is any link established between respondent no.1, the owner 2 FA : 1567/2010 and respondent no.2, the insurer and iv)the medical evidence placed on record is doubtful. 2. Mr. Sakhare, the learned counsel for the appellant submits that respondent no.1, employer, in his written statement has admitted that the appellant was his employee at the relevant time. This was, however, disputed by respondent no.2, the insurer. The appellant did not lead any evidence whatsoever before the Commissioner to show that he was an employee of respondent no.1. Respondent no.1 also did not step into the witness box to support the claim of employment of the appellant. Thus there was no evidence of the relationship between the appellant and respondent no.1 as that of employee and employer. In view of these facts, admission by one of the opponents in his pleadings can not be said to be sufficient to hold that the appellant was an employee of respondent no.1. The appellant next did not produce copy of the Insurance Policy, which would have established the link between respondent no.1 and respondent no.2. With this the fact of insurance of the vehicle remains unestablished. 3. The Commissioner found that the appellant had produced only xerox copy of treatment papers of Ashtavinayak Hospital. The xerox copy shows that the same were in respect of a patient by name Mr. Shekhar. That name was scored out and the name of the applicant over written. There was no attempt made by the appellant to call 3 FA : 1567/2010 for the original records from Ashtavinayak Hospital. There was also no evidence of the treating doctor brought before the Commissioner by the appellant. In the circumstances, the Commissioner correctly drew an inference that medical evidence placed on record is not free from doubt. In these circumstances, there can be no infirmity found with the impugned judgment and order. Hence, the appeal is dismissed in limine. (SMT.R.P. SONDURBALDOTA,J)