HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL FROM ORDER No. - 1531 of 2008 Court No. - 54 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for appellant and learned counsel for respondent. 2. This appeal has been directed against the judgment dated 18.10.2008 passed by the Commissioner, Workmen's Compensation Act and Assistant Labour Commissioner, Allahabad, in Case No. WCA/12/2006 (Shri Surilal Vs. Manager, United India Insurance Company Limited and Others). 3. Learned counsel for the appellant submitted that the respondent/claimant alleged in his petition that he was employed as a driver of Tanker No. MH- 04-ML-1876, owned by opposite party Nos. 1 and 2. At about 5:00 p.m. on 04.09.2004, while driving the said tanker, it was knocked down by another offending vehicle, resulting in serious injuries to him. As a result of the accident, he sustained multiple fractures in his right leg, allegedly causing 60% disability. It was further submitted that the respondent/claimant neither proved his income nor the disability certificate by producing the doctor who had issued the same. The owner of the tanker, under which the respondent was employed as a driver, did not appear in the proceedings, and the proceedings against him proceeded ex parte, and there was no rebuttal of the pleadings of the respondent/claimant, as the pleadings and evidence on behalf of the claimant remained unrefuted due to absence of respondent/owner. On behalf of the respondent/owner, the pleadings of the claimant were treated as admitted evidence by the learned Court. It was submitted that pleadings alone cannot be treated as evidence, which is necessary to prove a fact. The respondent had not proved either his income or his disability. The 60% disability was accepted by the learned Court below only on the basis of the disability certificate issued by the doctor. On Versus Counsel for Appellant(s) : Amit Singh, V.C. Dixit Counsel for Respondent(s) : Subhash Chandra Yadav, Surya Nath Yadav United India Insurance Company Ltd. .....Appellant(s) Surya Lal And Others .....Respondent(s) the basis of the said disability certificate, the learned Court below assessed the loss of earning capacity at 60%, observing that such assessment would not be improper. It was submitted that the said findings are per se illegal and contrary to the basic principles of the law of evidence. Therefore, the finding recorded by the learned Commissioner, Workmen's Compensation Act, requires interference, and the award passed by him is liable to be set aside.. 4. Per contra, learned counsel for the respondents submitted that the disability certificate issued by the concerned Chief Medical Officer was filed before the Commissioner, Workmen's Compensation Act, in its original form, and there was no rebuttal by the appellant. It is not the case of the appellant that the said disability certificate was either forged or was not issued by the competent authority. It was further submitted that the appellant himself has not adduced any evidence contrary to the evidence or pleadings of the respondents. Hence, the finding recorded by the learned Commissioner, Workmen's Compensation Act, does not warrant any interference. 5. Heard learned counsel for the parties and perused the impugned judgment passed by the Commissioner, Workmen Compensation Act. 6. At the very outset, it is pertinent to mention that an appeal under Section 30 of the Employees' Compensation Act lies only when some substantial question of law is involved. In the absence of any substantial question of law, an appeal against the award does not lie. All the grounds raised by the appellant involve pure questions of fact and, by no stretch of imagination, constitute substantial questions of law. Hence, this Appellate Court is not inclined either to enter into the merits of the case or to interfere with the award passed by the Commissioner, Employees' Compensation Act. 7. Accordingly, this appeal is dismissed. September 30, 2026 Mukesh FAFO No. 1531 of 2008 2 (Anil Kumar-X,J.) Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad