* 1 * F.A.1918.2010 7.3.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1918 OF 2010 Shri. Shrikant Vitthal Shelar .......Appellant V/S. Mr. Ashifaque Nana Patankar .......Opp. Party AND Bajaj Allianz Gen. Insurance Co.Ltd ........Respondents * * * * * * Mr. Devendranath S. Joshi, Advocate for the appellant. None for the respondent. Coram : Smt. R.P. SondurBaldota, J. 7 March, 2011. P.C. : 1. This First Appeal arises out of the judgment and order dated 8th October, 2010 by which the learned Commissioner for Workmen s’ Compensation and Judge 9th Labour Court, Mumbai rejected the application filed by the appellant for compensation on account of the accidental injuries suffered by him allegedly in the course and duty of his employment with Opponent no.1. It has been contended by the appellant * 2 * F.A.1918.2010 7.3.2011 that the application could not have been rejected by the learned Judge in view of a categorical admission in the Written Statement of respondent no.1, that the appellant was working with him as a driver. Respondent no.2, however, has brought on record, the admission by the appellant himself that as on the date of the incident, he was himself the owner of the vehicle being Taxi No. MH-01-JA-1523 and he was driving the vehicle in day time and night time. In view of this categorical admission, the learned Judge held that the story put forth by the appellant, as well as, respondent no.1 stands falsified. According to respondent no.2-Insurance Corporation, the fact of transfer of the vehicle from respondent no.1 to the appellant had not been communicated to it earlier. Nonetheless, since the ownership of the vehicle had already been transferred, there was no question of the appellant being an employee of respondent no.1 as a driver for plying taxi. Therefore, the trial court has rightly dismissed the complaint. No other view is possible in the facts and circumstances of the case and the evidence brought before the Court. Hence the First Appeal is dismissed. [Smt. R.P. SondurBaldota, J]