1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Miscellaneous Appeal No.374 of 2010 The National Insurance company Limited, Jaipur VERSUS Shimbhu Dayal Gurjar son of Shri Nanag Ram Gurjar & Anr. Date of Order :::: 03/02/2010. Hon'ble Mr. Justice Dalip Singh Mr. R.P. Vijay, Counsel for the appellant-company. *** By the Court : Heard learned counsel for the appellant-company. Learned counsel for the appellant-company has submitted that the judgment has been obtained by the claimant by fraud, inasmuch as the accident is alleged to have taken place on 15.11.2007, whereas there was evidence available to show that the accident had taken place on 13.11.2007. So far as the above question is concerned from perusal of the award it is apparently clear that no such plea has been raised by the appellant-company before the learned Commissioner. No evidence has been led before the learned Commissioner by the appellant-company in this behalf nor any suggestion made to the claimant in cross-examination. This is 2 essentially a question of fact and an appeal under Section 30 of the Workman Compensation Act only lies on substantial question of law. In that view of the matter, the aforesaid plea of the appellant-company cannot be permitted to be raised for the first time in appeal. This miscellaneous appeal and the stay application are accordingly dismissed summarily. (Dalip Singh), J. Ashok/