S. B. SINHA, M. H. S. ANSARI, J.

( 1 ) THIS appeal under section 30 of the Workmen's compensation Act is directed against a judgment dated 7/20. 2. 1997 passed by the commissioner, Workmen's Compensation, West Bengal (2nd court) in Claim case No. 755 of 1995.

( 2 ) ALTHOUGH the matter has been listed under the heading application, as we find substantial question of law is involved in this appeal, we take up the matter for hearing and the same is being disposed of.

( 3 ) THE fact of the matter lies in a very narrow compass. The applicant-respondent herein was a khalasi in vehicle No. WB-03-8097. While the said vehicle was going from digha to Ranaghat there was a head-on collision in between the said vehicle and another vehicle coming from opposite direction as a result whereof, he sustained injuries on his neck, both legs, hands and shoulders. The claimant herein had examined a doctor, PW 2, who has assessed his injury as 100 per cent as the victim is unfit for the job of khalasi.

( 4 ) THE learned Commissioner framed the following issues for his consideration:"issue No. 1: Was there any accident arising out of and in course of the applicant's employment under the O. P. as alleg

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