1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APPEAL NO.1615/2009. United India Insurance Company Limited. VERSUS Smt.Narangi and Another. 15.04.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Raajpal Chaudhary, for the appellant. ***** Heard learned counsel for the appellant. The submission of the learned counsel for the appellant is that the deceased was not a workman employed by the respondent-Shiv Ram and as such the relation of the employee and employer is not proved. It is not in dispute that before the learned Commissioner, the respondent No.1 after service was represented by Mr.Jagdish Prasad, Advocate but the respondent No.1 did not choose to file any reply denying the relationship of the employer and employee between the deceased and himself and issue No.1 was framed by the learned Commissioner in this behalf. The learned Commissioner on the basis of the material produced before him came to the conclusion that the appellant has failed to prove that the deceased was not an employee of the respondent-Shiv Ram. The question whether the deceased was an 2 employee or not, is a question of fact to be determined upon the evidence produced by the parties. The appeal under Section 30 of the Workmen's Compensation Act, 1923 is only maintainable on the substantial question of law. In the facts and circumstances, therefore, I find no good ground to interfere with the impugned order. The appeal as well as the stay application are accordingly dismissed. (DALIP SINGH),J. Solanki DS, Jr.P.A.