IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CIVIL MISC. APPEAL NO.1430/2008 09.04.2008. HON'BLE MR. JUSTICE DALIP SINGH Shri N.L. Verma, for the appellant. Heard learned counsel for the appellant. Perused the impugned award. Learned Commissioner has come to the conclusion that though the owner of the vehicle had stated in his reply to the claim that the deceased was not employed by him but as he has not appeared in the evidence to dispose in support of the aforesaid plea. The learned Commissioner has therefore rightly in the absence of any counter affidavit or affidavit held that the deceased was employed with the respondent No.2, the owner of the vehicle which is a tractor. Learned counsel for the appellant contended that the Tractor was insured for the liability of only one emplyee. The learned Commissioner has taken note in para 2 of the award that there is only one claim on account of death of the employee Mahesh Kumar who as was the employee. In view of the finding that the deceased was an employee of the owner of the tractor and the tractor was covered for the risk involving the liability of “one employee” not “driver” as is sought to be contended. The learned Commissioner has rightly in my opinion allowed the claim application. No substantial question of law arises in this appeal. The appeal as well as the stay application are accordingly dismissed. (DALIP SINGH),J. Ramchandrkhatri,PS