IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CIVIL MISC. APPEAL NO.602/2005 The Oriental Insurance Co. Ltd. Vs, Chhotu Singh & Ors. 19.5.2008. HON'BLE MR. JUSTICE DALIP SINGH Shri J.P. Gupta, for the appellant. Shri Dilip Sharma, for the respondent. Heard learned counsel for the appellant. The contention of the learned counsel for the Insurance Company is that the Commissioner has committed an error in determining the wages of the deceased driver as Rs.4,000/- p.m. which has been disputed by the owner of the vehicle who was the employer. So far as the above contention is concerned admittedly the Insurance Company did not raise any dispute nor did the Insurance Company allege as what wages were being drawn by the deceased and it merely relied upon the plea raised by the owner of the vehicle. The owner despite the having raised the plea did not enter in the witness box nor any evidence was led from the site of the non claimants in this behalf. Accordingly the non claimant failed to discharge the burden that the wages were not as claimed by the claimants. In that view of the matter I do not find ny infirmity having been committed by the Commissioner holding that the non claimants having failed to prove otherwise has held that the wages of the deceased were Rs.4000/- p.m. The other plea raised by the Insurance Company was with regard to the fact that the deceased did not possess a valid driving license. On the aforesaid plea having been raised by the Insurer the Commissioner has framed Issue No.3 in that behalf. Before the learned Commissioner a photo copy of the license of the deceased was filed as Ex.4stating that the original had been lost and could not be found and the Commissioner relied upon the same and decided the issue in favour of the claimant on the basis of Ex.4. The aforesaid finding is a finding of fact which cannot be interfered with under Section 30 of the Workmen Compensation Act 1923 in which the appeal lies only on the substantial question of law. No substantial question of law arises in this appeal. The appeal as well as the stay apaplication are dismissed summarily. (DALIP SINGH),J. Ramchandrkhatri,PS