1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. First Appeal No.122/2004 (Ramnarayan B. Jaiswal .vs. Smt. Sonabai Bapurao and ors.) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders ======================================= Mr. Amol Mardikar, Advocate for Appellant. Mr. A.R. Patil, Advocate for Respondents 1 & 2. .......... CORAM : K.J. ROHEE, J. DATED : FEBRUARY 29, 2008 C.A. No. 4069/2004 1. Heard. 2. Following substantial questions of law are formulated:- i) Whether the learned Commissioner is right in fastening the liability on the applicant, when there is no evidence on record to show that the deceased- Bapurao was working with the present appellant? ii) Whether the Commissioner is right 2 in not considering the admission of witness no.2- Shriram, where he has categorically admitted that deceased-Bapurao sustained electric current while parking the hand-cart, which clearly goes to show that deceased- Bapurao was working as a Coolie independently ? iii) Whether the Commissioner is right in shifting the burden upon the employer, i.e. present appellant, for proving the fact that deceased- Bapurao was not working with the present appellant on the basis of reply on the notice ? C.A.No.3800/2004 1. Since substantial questions of law have been formulated, the present application stands disposed of. JUDGE halwai