JUDGMENT

M.S. Sonak, J. - This appeal was admitted on 25.10.2010. In the memo of appeal, following substantial questions of law have been stated, as arisen in the appeal:

(a) Whether the Hon. Commissioner for Workmen''s Compensation and Judge, Labour Court or any other Court has discretionary power under section 4, 4-A to change the rate of interest including the date of its application, the amount of compensation and penalty thereon of its own

(b) Whether the ascertainment of the date of payment regarding the ''amount falls due'' can be changed by the Hon. Court and whether it is permissible as per the legislation

(c) Whether the Hon. Commissioner for Workmen''s Compensation and Judge, Labour Court can ignore the provisions of the Evidence Act, 1872 regarding the provision of admission while deciding the case under the Workmen''s Compensation Act, 1923

(d) Whether the Hon. Commissioner for Workmen''s Compensation and Judge, Labour Court may consider the provisions of the Motor Vehicles Act, 1988 considering the social approach and aspect of both the legislations, for the payment of higher amount of compensation in the accidental cases

(e) Whether the decision is based on only surmi