-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Miscellaneous Appeal No.1116 of 2010. The New India Assurance Company Limited VERSUS Smt. Indira wife of Shri Gopal & Others Date of Order :::: 16th April 2010 Hon'ble Mr. Justice Dalip Singh Mr. Rishipal Agrawal, Counsel for the appellant-company *** By the Court : Heard learned counsel for the appellant-company and perused the impugned award passed by the learned Tribunal. The submission of the learned counsel for the appellant-company is that the deceased was not in the employment of the insured, the owner of the truck at the time of the accident and he was not going for any work of the employer at the relevant time when the accident took place. In this behalf, Issue Nos.1 and 2 have been framed by the learned Commissioner and evidence recorded. The learned Commissioner while deciding Issue Nos. 1 and 2 has relied upon the statement of the widow of -2- the deceased (the claimant) as well as the reply filed by the owner of the vehicle (insured) wherein the owner has admitted the fact that the deceased was in his employment and the accident occurred in the course of employment of the insured. The learned Commissioner has also taken into consideration the fact that in rebuttal to the aforesaid evidence and material on record there is no evidence led by the appellant insurance-company. Thus, by the evidence led by the claimants and from the reply of the non-petitioner the employer it has been proved as a fact that the deceased being in the employment of the insured and met with the accident in the course of his employment due to which he received injuries and died as a result thereof. In that view of the matter, that is being a finding of fact and an appeal under Section 30 of the Workmen's Compensation Act only lies upon a substantial question of law. I find no reason to interfere with the award passed by the learned Commissioner as no substantial question of law arises in this appeal and the only point raised is in respect of the finding of fact in respect of Issue Nos.1 and 2. The miscellaneous appeal and the stay application are accordingly dismissed summarily. (Dalip Singh), J. Ashok/