- (1.) The judgment and award delivered on 25.03.2009 by the Commissioner Workmen's Compensation, West Tripura, Agartala in Case No. TS (WC) No. 22 of 2007 is under challenge in this appeal preferred under Sections 30, 30(a)(a) read with Section 4(1)(d) and Sub-Section 2 of Section 4 of Workmen's Compensation Act, 1923 (for short the Act), primarily on two substantial question of law namely: (1) Whether learned Commissioner committed grave error of law in assessing the compensation treating the disability of the claimant-Respondent as permanent in nature relying the law laid down under Section 4(1c)(ii) of the Workmen's Compensation Act, 1923 contrary to the validity period of disability certificate issued by the medical board for a period of five years, which indicates that the nature of disability suffered by the claimant Respondent is temporary in nature. (2) Whether the learned Commissioner committed error and illegality in awarding interest to be paid by the insurer of the offending vehicle in violation of Sub-Section 3A of Section 4A of the Act.
(2.) Sri Binoy Bhusan Roy, the Respondent No. 1 in the appeal has also challenged the impugned judgment and award by filing cross objection on the ground that the award so assessed by the learned Commissioner is in the lower side and compensation has not been assessed by the learned Commissioner taking into consideration the admitted monthly wage and the appropriate factor as indicated in Schedule IV of the Act with reference to the age of the injured (claimant/Respondent No. 1).
(3.) For the purpose of answering the substantial questions as raised by the Appellant and the question of enhancement of the award, in the opinion of this Court, the brief facts are required to be placed at this stage, which are as follows:;