ORIENTAL INSURANCE CO LTD Vs. KUNJRAM SAHU

JUDGEMENT

(1.) This is an insurer's appeal under Section 30(a) of the Employee's Compensation Act, 1923 (for short "the Act of 1923") against the order dated 15.04.2011 passed by Commissioner, Workmen's Compensation-cum-Labour Court, Rajnandgaon (for short "the Commissioner"), in case No. 42/W.C.Act/2008/non-fatal, thereby granting the application for compensation filed by respondent No. 1/claimant. The facts in nutshell, necessary for adjudication of the appeals, are as under:

(2.) This appeal was admitted for hearing on 11.10.2011 on the following substantial question of law:

(3.) Shri Sourabh Sharma, learned counsel appearing for the appellant would submit that the injury sustained by the respondent No. 1/claimant is a scheduled injury prescribed in Schedule I, part II, item No. 25 of the Act of 1923 and resultant loss of earning capacity according to said schedule would be only 40% and, therefore, learned Commissioner has committed a legal error in holding the loss of earning capacity of respondent No. 1 as 70% and, therefore, the amount of compensation be suitably reduced holding loss of earning capacity as 40%.