NARAYAN CHAKRABORTY Vs. SWAPAN DEBNATH

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS appeal has been directed against the judgment dated 02. 02. 1999 passed by the learned Commissioner for Workmen's Compensation (for short, 'the Commissioner') in Title Suit (W. C.) 24 of 1996 dismissing the claim petition so preferred by the appellant as claimant seeking compensation under the Workmen's Compensation Act, 1923 (for short, 'the Act') due to injury suffered by him in an accident in course of his duty as driver while driving the vehicle in question involved in the accident, holding that the appellant was not entitled to get any compensation basically on the sole ground that he failed to examine the doctors who gave the disability certificate as well as the discharge certificates on different dates.

(3.) ASSAILING the impugned judgement, the learned counsel representing the appellant, has strenuously contended that the learned Commissioner has committed a patent error of law in observing that due to non-examination of the doctors concerned who issued the disability certificate wherein percentage of disablement of the claimant-appellant was assessed to 25% and 39% as well as the discharge certificates dated 28. 09. 95, 04. 11. 95 and 08. 12. 95 the claimant was not entitled to any compensation under the Act.