- (1.) This miscellaneous appeal under Section 30 of the Workmen' Compensation Act, 1923 (hereinafter 'the 1923 Act') has been filed against the judgment dated 24-7-2009 passed by the Workmen' Compensation Commissioner, Jaipur District-I, Jaipur (hereinafter 'the Commissioner'). Thereby the Commissioner found the respondent claimant Shubhash Vamanrav (hereinafter 'the claimant') entitled to compensation for a sum of Rs.3,74,046/- along with interest at the rate of 12% from the date 20-1-2008 i.e. after thirty days of the date of accident 21-12-2007.
(2.) This appeal was admitted by this court on 11-9-2009. The substantial questions of law which arise in this appeal are:- 1. Whether the determination of loss of earning capacity of the claimant at 100% on the basis of subsequent permanent disability certificate dated 22-1-2009 (Ex.7) issued at the Government hospital Bagru showing permanent disability 49.41% overlooking the prior permanent disability certificate dated 14-7-2008 (Ex.C-1) issued by department of Orthopodics Y.N. Hospital Kishangarh showing permanent disability of the claimant at 14%, was justifiable and sustainable in law? 2. Whether the subsequent permanent disability certificate could at all be taken into consideration for assessment of loss of earning capacity in the absence of testimony of the doctor who issued the said certificate? 3. Whether in view of the fact that the claimant had also filed a claim petition (155/2008) for compensation before the Motor Accident Claims Tribunal Kishangarh (hereinafter 'the Tribunal') on 19-5-2008, and availed of an interim award under Section 140 of the Motor Vehicles Act, 1988, the claim petition filed before the Commissioner on 3-1-2008 was vitiated and deserving of dismissal without anything more?
(3.) The facts of the case are that the claimant filed a claim petition No.23/2008 before the Commissioner on 3-1-2008 under Section 22 of the 1923 Act. It was alleged that he suffered injuries in an accident of 21-12-2007 when he was working as Khalasi on container No.HR-38/G-2782, which was insured with the appellant ICICI Lombard General Insurance Company Ltd. The claimant gave out his age to be 35 years at the time of accident and wages to be Rs.6500/- per month while working as Khalasi on the said container.;