( 1 ) THIS appeal is from the judgment and the order of the Additional Commissioner for Workmen's Compensation dated 24 September, 1966 in Claim Case No. 2545 of 1964. The company is the appellant and the workman is the respondent. The workman received personal injury by accident arising out of and in the course of his employment on 27th April, 1964. The workman alleged that he sustained injuries to the left leg and the hip. The workman claimed compensation. The Company admitted that there was an accident and further admitted that there was injury to the hip but denied that there was injury to the leg.

( 2 ) THE Additional Commissioner for Workmen's Compensation framed two issues. One of the issues was whether the applicant sustained any permanent partial disability on account of the accident in question. The Commr. came to the conclusion that there was an accident and that the accident arose out of and in course of the employment. The further conclusion was that there was injury to the leg as well as the hip and there was permanent partial disablement. The Commissioner came to the conclusion that the applicant lost his earning capacity and assessed the same as 40 per cen