(1.) Rule. Mr.Bhattji waives service of rule on behalf of respondent. With the consent of learned counsel for parties matter is taken up for final hearing today.
(2.) The only question which arises for consideration is whether the Commissioner under Workmen's Compensation Act, 1973 (hereinafter referred to as "the Act") could have ordered for compensation at the rate of 44% though as per schedule the maximum disability is 40%.
(3.) The short facts of the case are that the respondent was in the employment of the petitioner and while on duty he received injury and as a result thereof there was amputation of thumb. The respondent preferred application before the Commissioner under the Act for recovery of amount of Rs.49,548.40ps with interest. Said application was registered as Workman Compensation Application No.10/96. The Commissioner ultimately passed the order dated 17.1.03 whereby the respondent therein who is petitioner herein was ordered to make payment of Rs.49,548.40ps with interest at the rate of 6% p.a. from the date of accident and penalty of Rs.10,000.00. The petitioner has challenged the said order in this petition.