- (1.) This misc. appeal under Section 30 of the Workmen's Compensation Act has been preferred by the appellant-Insurance Company claiming the following reliefs: "It is, therefore, most respectfully prayed that this appeal may kindly be allowed with costs and the impugned judgment and award dated 10.1.06 passed by the learned Commissioner, Workmen's Compensation, Udaipur in W.C. Case No.44/2004 may kindly be quashed and set aside and claim petition may kindly be dismissed as against the appellant company. Any other order which is deemed just and proper in the facts and circumstances of the case may kindly be passed in favour of the appellant-company."
(2.) The unfortunate accident had happened on 28.12.2002 when the claimant was driving a Jeep bearing registration No.RJ06 C 2640 in connection with his engagement of the Jeep owner/non- claimant No.1 and the same met with an accident with Truck bearing registration No.RJ32 G 1319.
(3.) The substantial question of law as raised by learned counsel for the appellant-Insurance Company is two-fold; firstly whether husband can be under employment of his wife, and secondly, whether doctor's opinion can be substituted by the opinion of the learned Authority below, and that too for no good reason.;