GOLAKHA CHANDRA BEJ Vs. GOBINDA HARI PASSORIA

JUDGEMENT

(1.) THIS present appeal has been preferred by the claimant-appellant against the judgment and award dated November 20, 1992 passed by the Commissioner for Workmen's Compensation, Cuttack (hereinafter referred to as the 'commissioner') in Workmen Compensation Case No. 526 - D/1991. By the impugned judgment and award the Commissioner has assesed the loss of earning capacity to the extent of 70% and allowed compensation on that basis.

(2.) ON behalf of the claimant-appellant it is submitted that the evidence on record clearly shows that the claimant's loss of earning capacity is to the extent of 100% and the Commissioner committed error in assessing the same at 70%

(3.) CONTESTING the appeal learned Advocate appearing for the Respondent No. 2 Insurance Company has submitted that the claimant's own witness Dr. Sudhir Kumar Mohapatra (P. W. 2), having categorically assessed the disability at 70%, the claim of permanent loss of earning capacity should not be entertained.