V. P. MOHAN KUMAR, J.

( 1 ) THE Insurance Company has filed this appeal against the award of compensation by the Workmen's Compensation commissioner with respect to an employment injury suffered by the claimant, namely, fracture of a bone of the leg while he was unloading manure.

( 2 ) THE facts of the case are not in dispute. The worker has suffered a non-schedule injury is also not in dispute. The quantum of compensation payable has been assessed by the commissioner on the basis of assessment made by him relying ex. P-3. The contention of the appellant is that the worker has not produced any Medical Certificate estimating the loss of earning capacity suffered by the claimant, due to the accident. The question therefore raised and argued at length in the appeal is the right of the Adjudicating Authority to assess the quantum of compensation independently under Section 4 (1) (c) (i) of the workmen's Compensation Act, 1923.

( 3 ) THE Counsel for the respondent raised a preliminary objection regarding the maintainability of the appeal. According to him, the essence of the attack made by the appellant, relates to the quantum of compensation awarded and therefore, the insurer is not ent

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