Heard the learned counsel for appellant and learned counsel for the respondent.

2. The appellant is the Insurance Company seeking to question the award of compensation under the Workmen’s Compensation Act, 1923 (hereinafter referred to as ‘W.C. Act’, for brevity). The substantial question of law raised in this appeal is whether the Commissioner for Workmen’s Compensation was justified in assessing the loss of earning capacity at the rate of 100% as against the compensation of disability at the rate of 30% assessed by the Medical Practitioner, which is in consonance with the injuries mentioned at Serial No.36 of Part -II Schedule – I of the W.C. Act.

The accident is of the year 2009. It is on record that the claimant – respondent was a driver of a lorry and had lost the vision in his left eye, as a result of the accident, during and in the course of employment, and therefore, the claim for compensation having been contested, the Commissioner has overlooked the assessment made by the Medical Practitioner as well as the Schedule prescribing the loss of earning capacity and has proceeded to accept the contention that there is 100% loss of earning capacity as the workman was emplo