(1.) This Civil Miscellaneous Appeal has been preferred by the injured victim, aged about 44 years employed as a driver under the 1st respondent. The appellant sustained injury in the accident, which occurred on 17.02.2010 while he was driving the tipper lorry belonging to the 1st respondent insured with the 2nd respondent leading to amputation of his right leg below knee. Hence, the claim petition was filed.
(2.) The appellant contended before the Commissioner for Workmen's Compensation that he was drawing a sum of Rs. 7500.00 per month and Rs. 100.00 per day as batta. Eventhough the said fact was admitted by the 1st respondent/owner, the Commissioner for Workmen's Compensation, in the absence of any documentary evidence, followed the Government Order issued under the Minimum Wages Act and determined Rs. 4734.00 as monthly income and as per the age of the appellant, namely, 44 years, adopted the relevant factor 172.52 and awarded Rs. 4,90,026.00 towards "Loss of Earning Capacity". The said award is being challenged by the appellant.
(3.) The following substantial question of law arises for consideration in this appeal: