GOVERDHAN BARDHAR,J. - (1.) This Misc. Appeal under Section 30(aa) of the Workman Compensation Act 1923 has been filed against the judgment/award dated 08.03.04, passed by the Commissioner, Workman Compensation, Jaipur, in claim Case No. W.C.C.N.F. 54/2002 whereby the claim application filed by the claimant respondent No.1 has been partly allowed alongwith interest at the rate of 12% p.a.
(2.) The brief and relevant facts of the case are that the claimant-respondent No.1 filed a claim application before the Workman Compensation Commissioner, Jaipur against the appellant and respondent No.2 claiming compensation to the tune of Rs. 4,42,008/- on account of injuries sustained by him during the course of employment under respondent No.2 as Driver on Bus No. RJ-19-P-8229, on 06.04.2002 when the bus met with an accident near Nathwara. Due to which the claimant-respondent sustained 25% permanent disability and as per Medical Board's report he became unable to drive any vehicle in future.
(3.) Learned counsel for the appellant has argued that as per the disability certificate, the disability was sustained to the extent of 25% whereas the learned Commissioner has calculated and awarded the compensation by considering the loss of income as 100%. He has further argued that the claimant himself filed the disability certificate of 25% then the whole approach of the learned Commissioner is absolutely wrong to believe it 100% loss of earning capacity. He has further argued that the Commissioner has illegally fastened the liability to pay the interest on the appellant-Insurance Company as it is not statutory liability of the Insurance Company. He has further argued that there was no contract between the insurer and insured to indemnify the insured in respect of interest.;