(1.) THIS appeal is by the insurance company challenging the award of the Commissioner for Workmen's Compensation. The claim was in respect of an accident involving the use of an autorick-shaw. The vehicle had turned turtle and the driver was injured. There was no dispute by the insured that the driver had suffered an employment injury in the course of and arising out of employment. The wage of the workman was, however, disputed. The insurer, the appellant herein, while admitting that the vehicle was insured and that the policy was in force, however, claimed that its liability was subject to the terms of policy. The percentage of disability to the workman on account of the injuries was assessed by the medical practitioner at 40-45 per cent. The Commissioner however, has held that the percentage of loss of earning capacity is 100 per cent and has awarded compensation accordingly.
(2.) THE substantial question of law raised by appellant is-Whether the loss of earning capacity taken at 100 per cent by the commissioner, as opposed to the medical evidence was sustainable?
(3.) MR. A. M. Venkatesh, appearing for the appellant contends as follows-