JUDGMENT :

H.K. Rathod, J.

Heard learned advocate Mr. Gadhia on behalf of appellant - New India Assurance Co. Ltd.

2. The appellant assurance company has challenged award passed by Workmen Compensation Commissioner, Kachchh at Bhuj in Workmen Compensation none fatal case no. 20/2007 vide Exh. 41 dated 29/4/2008.

3. The Commissioner has awarded Rs. 3,14,596/-with 9% interest from the date of accident till realisation of amount of compensation.

4. Learned advocate Mr. Gadhia raised contention that Commissioner has committed gross error in coming to conclusion that figure of disability is having adverse effect on earning capacity of workman, that has been enhanced from 25% to 60% without any medical evidence. He submitted that medical evidence suggests 25% disability, which has been enhanced without any proper evidence by Commissioner upto 60% and that is the basic error committed by Commissioner.

5. He submitted that Doctor was examined by workman before Commissioner. He also submitted that direction against appellant to pay interest is not part of terms and condition of insurance policy and submitted that there is no statutory liability of insurance company to pay interest upon compensati