Alok Sharma, J. - (1.) THIS misc. appeal under Section 30 of the Employee's Compensation Act, 1923 (hereinafter 'the 1923 Act') has been filed against the judgment dated 20 -4 -2009 passed by the Employee's Compensation Commissioner, Jaipur City, Jaipur (hereinafter 'the Commissioner'), whereby the Commissioner has found the respondent -claimant (hereinafter 'the claimant') entitled to compensation for a sum of Rs. 1,79,424/ - along with interest at the rate of 12% effective the date of accident till the date of payment.
(2.) HEARD learned counsel for the parties and perused the impugned judgment dated 20 -4 -2009. Learned counsel for the appellant insurance company has submitted that the claimant Om Prakash, aged 35 years, who working as a driver on a salary of Rs. 4000/ - per month on the vehicle No. RJ -14/GA -4032 owned by non claimant M/s. Radhika Paints House, Jaipur, and insured with the Oriental Insurance Company Ltd. On 2 -6 -2006 in an accident of the insured vehicle, the driver sustained injury on his leg. According to disability certificate (Ex. 7) the driver sustained permanent disability at 20%. Counsel submitted that the Commissioner has erroneously relied upon the permanent disability certificate dated 10 -1 -2009 (Ex. 7) as it was not proved by the doctor issuing it entering the witness box and being subjected to cross examination. It was submitted that loss of earning capacity was wrongly assessed at 40% without any expert evidence on record, more so when according to the disability certificate (for whatever its worth) permanent disability was only 20%. As such the compensation of Rs. 1,79,424/ - has wrongly been awarded to the claimant.
(3.) NO one has appeared on behalf of the claimant in spite of service of notice on the appeal.;