Prabir Kumar Samanta, J. - (1.) This miscellaneous appeal is directed against the judgment and award passed by the learned Commissioner under the provisions of the Workmen's Compensation Act, 1923.
(2.) In the above claim case which was filed under Section 4 of the said Act, the claimant-respondents contended that he had lost 100% of his earning capacity as Khalasi of the vehicle, which met with the accident. The Commissioner on the basis of the evidence and the materials on record determined the compensation at a sum of Rs. 1,12,000/- alongwith a simple interest at the rate of 6% per annum on the said amount. Such determination was made by the learned Commissioner by treating the claimants as 100% permanently disabled.
(3.) In course of hearing of this appeal, the 100% permanent disability of the claimant was being questioned the claimant was sent for medical examination by an Expert Medical Practitioner who is specialist in as Bone Diseases and Fracture Setting, by this Court. The said Doctor has submitted his report in a sealed cover before this Court. As per his report, the claimant should be treated as 80% permanently disabled following his injury in 1995. Upon consideration of the said report, we find that every aspects of the injury as suffered by the victim has been taken into consideration by the said Doctor and the report has accordingly been submitted. We, therefore, accept the same.;