:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.2061 OF 2005 WITH CIVIL APPLICATION NO.4969 OF 2005 Shivmal B. Miraje. ..Appellant. Vs. S. R.Gadve and ors. ..Respondents. Mr.P.R.Arjunwadkar for the Appellant. Mr. S.M.Vidyarathi for the Respondent No.2. Mr.A.B. Tej for Respondent No.3. Mr. I.M. Khairdi for the Respondent No.4. CORAM : R.S. MOHITE, J. DATE : 29th September,2008. P.C. P.C. P.C. 1. This is a first appeal impugning a judgment and order dated 31.8.2005 passed by the Commissioner for Workmen Compensation Act and Judge 1st Labour Court, Solapur. The impugned judgment and order was passed in Application No.WC/48/1999.The present appellant was the original applicant and he was the father of Basavraj who expired in motor vehicle accident on 6.6.1999. On perusal of the judgment of the trial court as well as the deposition of the applicant, it is clear that the judgment is given on the basis of the admissions in the cross examination of the applicant. Though the accident took place in the year 1999, the applicant who is resident of Solapur admitted that his wife left him alongwith her children including the deceased and went :2: to stay at Pune. He admitted that his son had left the school at Dindoor in the year 1992. He admitted that at the time of the accident he had already married for the second time and the deceased was staying along with his first wife Mahadevi at Pune while he was living at Solapur. The record also indicates that the applicant is the owner of the ancestral property. He has avoided to produce the Khate Utara in the court and has suppressed the facts from the court. hence, appeal dismissed. Civil Application No.4969 of 2005 1. As the First appeal is dismissed on merits, hence, this application is also dismissed. (R. S. MOHITE, J.)