ORIENTAL INSURANCE CO. LTD. Vs. MD APIJUL RAHMAN

JUDGEMENT

(1.) Heard Mr. S.K. Goswami, learned counsel for the appellant.

(2.) Mr. S.K. Goswami, learned counsel for the appellant assails the judgment dated 17.11.2009 of the Commissioner, Workmen's Compensation, Dhubri on the ground that the injury sustained by the workman claimant had not been brought on record through the evidence of appropriate medical practitioner who would be competent to give assessment on the nature of the injury sustained and the loss of percentage of earning capacity as a result of such injury. On the other hand, the assessment of the injury and the loss of earning capacity was undertaken by the Commissioner, Workmen's Compensation, Dhubri upon himself rather than insisting upon the medical evidence for the purpose.

(3.) The aforesaid aspect has been settled by this Court in a plethora of judgments including United India Insurance Co. Ltd. -vs- Manoranjan Das and Anr,2008 Supp GauLT 329, New India Assurance Co. Ltd -vs- Tarun Chandra Das and Anr,2008 Suppl GauLT 332 and National Insurance Co. Ltd. -VsManoranjan and Anr., 2007 2 SCC 349 and also United India Insurance Co. Ltd -vs- Kasibor Rahman and Anr., 2010 2 GauLT 384, wherein it had consistently held that it is only for the authorized qualified medical practitioner to give evidence on the percentage and nature of the injury sustained as well as percentage of loss of earning capacity due to such injury.