NATIONAL INSURANCE COMPANY LTD Vs. ATOWAR HUSSAIN

JUDGEMENT

(1.) HEARD Mr. M. Bhuyan, learned Counsel for the appellant/ petitioner. None appears for the respondents though the name of Mr. J. Mollah and Mrs. N.D. Sarmah have been shown as the learned Counsel for the respondent in the weekly cause list dated 2.6.2003 to 6.6.2003.

(2.) BY the impugned order dated 13.7.1998 the learned Commissioner, Workmen's Compensation, Dhubri awarded an amount of Rs. 1,55,985/- as due compensation for the injury suffered by the claimant/respondent No.

(3.) CHALLENGING the impugned award, Mr. Bhuyan, learned Counsel for the petitioner has vehemently contended that in passing the impugned award the learned Commissioner has caused much irregularity inasmuch as the said award has been passed in complete violation of the provision of law prescribed under the Workmen's Compensation Act (for short 'the Act'). According to him no compensation can be granted for any physical disability unless there is loss of earning capacity resulting from an injury being only a scheduled injury. It is also contended that when the injury is not scheduled injury as mentioned in Schedule-1 of the Act, the loss of earning capacity must be proved by evidence. Such loss of earning capacity must be proved or assessed by a qualified medical practitioner showing the permanent disablement but in the instant case the injury suffered by the respondent No. 1 was neither of the nature of the said scheduled injury contemplated in the Schedule-I nor was it assessed by a qualified medical practitioner. Besides the learned Commissioner awarded the compensation as mentioned above, accepting the income of the respondent No. 1 as Rs. 2,000/- p.m. whereas admittedly the respondent No. 1 earned Rs. 500/- as his wages per month and thus the fixation of monthly wages at an amount of Rs. 2,000/- p.m. is not permissible under the Act.