1 S.B.CIVIL MISC. APPEAL NO.859/2010. The United India Insurance Co. Ltd. VS Smt.Saroj Bai & Anr. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APPEAL NO.859/2010. The United India Insurance Co. Ltd. VERSUS Smt.Saroj Bai and Another. 26.03.2010. HON'BLE MR.JUSTICE DALIP SINGH Mr.Amarnath Pareek, for the appellant. ***** Heard learned counsel for the appellant. First submission of the learned counsel for the appellant is that the vehicle was being used for a commercial activity for which the owner/insured did not possess valid permit. So far as this contention is concerned, I find that the parties did not join issue on the aforesaid question and no such issue has been framed by the Commissioner nor was it agitated that despite such an objection having been raised an issue to that effect was not framed by the Commissioner. In the facts and circumstances, therefore, since the point has not been taken and the parties have not joined issue on the above question, the appellant cannot be permitted for the first time to raise the same in this appeal. 2 S.B.CIVIL MISC. APPEAL NO.859/2010. The United India Insurance Co. Ltd. VS Smt.Saroj Bai & Anr. The second submission of the learned counsel for the appellant is that the driver deceased did not possess a valid driving license. In the present case, it has come on record that the deceased driver possessed a license for driving Light Motor Vehicle which is the jeep in question bearing registration No.RJ-28/U-0112. The jeep in question is registered as a Light Motor Vehicle. In the facts and circumstances, therefore, the learned Commissioner has rightly decided the issue No.2 in favour of the Workman. In the facts and circumstances, no substantial question of law arises in this appeal. The same is accordingly dismissed summarily. The stay application also stands dismissed. (DALIP SINGH),J. Solanki DS, Jr.P.A.