Alok Sharma, J. - (1.) After hearing counsel appearing for the respective parties it transpires that in respect of a non-scheduled injury the compensation has been awarded by the Commissioner, Workman Compensation, Jaipur (hereinafter 'the Commissioner') vide its award judgment /award dated 20.1.2005 passed under the Workman Compensation Act, 1923 (hereinafter 'the Act of 1923') without the claimants bringing the doctor in the witness box as also without the assessment of loss of income suffered by the claimant resulting from the nature of the permanent disability and functional disabilities arising therefrom. The issue in this appeal is thus fundamentally covered by the Judgment of this Court in the case of National Insurance Company Limited v. Jitendra Kumar and Anr. (SB Civil Misc. Appeal No. 2473/2004) decided on 21.1.2014.
(2.) For the reasons set out in the Judgment of this Court in National Insurance Company Limited v. Jitendra Kumar and Anr. (supra) the misc. appeal is allowed and the judgment /award dated 20.1.2005 passed by the Commissioner, Workman Compensation, Jaipur set aside. The matter is remanded to the Commissioner for proceeding afresh on the issue of determination of compensation payable to the claimants on the basis of examination of the doctor who issued the disability certificate and also taking into consideration the doctor's assessment of loss of income having a nexus to the nature of the permanent disability and functional disabilities arising there-from. The Commissioner is directed to dispose of the claim petition afresh subsequent to this remand by a reasoned and speaking order within a period of four months from the presentation of a certified copy of this order. Appeal Allowed.;