N. Chaudhury, J.

1. This appeal has been preferred under Section 30 of the Workmen's Compensation Act, 1923, against the award dated 31-12-2002 passed by Workmen's Compensation Commissioner, Dhubri in W.C. Case No. 1/2002. By the said award the Workmen's Compensation Commissioner has determined the compensation amount at Rs. 3,75,534.00. While admitting this appeal on 13-04-2007 the following substantial question of law was framed:

i) Whether the learned Commissioner, Workmen's Compensation, Dhubri erred in law in assessing the loss of earning capacity of the injured respondent without the evidence of the doctor, the injury sustained being one not specified in the schedule to the Workmen's Compensation Act, 1923?

ii) Whether the learned Commissioner Workmen's Compensation, Dhubri, erred in law in directing the appellant to pay the amount of compensation awarded by quantifying the same, accepting the monthly salary of the insurer/opposite party to be Rs. 3,732/-, in the face of the limit of Rs. 2,000/- to the said effect in the policy involved?

One Mrinmoy Chatterjee, who was working as Factory Assistant in Krishnakali Tea Estate met with an accident on 29-09-2001 while supervis