T. Nanda Kumar Singh, J.

1. The two questions, fall for consideration in this appeal under Section 30 of the Workmen's Compensation Act, against the judgment and award dated 22.03.2002 passed by the learned Commissioner, Workmen's Compensation, West Tripura, Agartala in T.S.(W.C) 18 of 1999 are :

i) Whether the interest on the compensation payable by the employer (Insured) to the workman under the Workmen's Compensation Act, 1923 could be saddled on the Insurance Company (Insurer) or not?

ii) In the case where for the injuries not specified in the Schedule I of the Workmen's Compensation Act, 1923 the qualified medical practitioners assessed only the percentage of disablement and not assessed the percentage of loss of earning capacity; whether the percentage of disablement is to be taken as the percentage of loss of earning capacity or not?

Heard Mr. P. Gautam, learned counsel for the appellant and Mr. S.M. Chakraborty, learned senior counsel for the respondents.

2. The fact in gist, sufficient for deciding the questions involved in this appeal is noted :

The claimant was appointed as assistant of the truck bearing registration No.TRL-2379 owned by the respondent No.2, Smt Indrani Dutta. The appellant, Oriental Insurance Company Limited is the insurer of the offending vehicle (TRL-2379). On 07.03.1998 the offending vehicle was carrying loaded gas cylinders from Bishalgarh towards Shillong and due to rash and negligent driving of the offending vehicle by the driver, the offending vehicle was overturned near Paikhan Bazar, near Gumra Masjid, and as a result the claimant fell under the chassis of the offending vehicle which pressed his entire body, particularly the left leg and remained in that condition for about 5-6 hours. The claimant was taken to Silchar Medical College and admitted as indoor patient from 07.03.1998 to 24.03.1998. After the claimant went back to his home at Ambassa, Dhallai District, but he suffered from severe pain in his left leg. The claimant was taken to the G.B.Hospital, Agartala and admitted as indoor patient from 24.10.1998 to 05.11.1998. On 21.11.1998 the claimant was treated at the Silchar Medical College and again he was admitted from 21.11.1998 to 28.12.1998. As advised by the Doctors the claimant had a major operation.

3. Because of permanent disablement of his left leg the claimant is unable to work as assistant (handyman) of the truck or of the vehicle; and over and above, the claimant could not walk without crutch. Qualified Medical Practitioners, who attended the claimant, issued permanent disablement certificate of 40%. Types of injuries suffered by the claimant are not specified in Schedule-I to the Workmen's Compensation Act, 1923. The claimant filed T.S.(W/C) No. 18 of 1999 for compensation under the Workmen's Compensation Act, 1923 against the present appellant and owner of the offending vehicle i.e. respondent No.2.

4. The learned Commissioner, Workmen's Compensation, after finding that the claimant had suffered 60% loss of earning capacity, awarded total compensation of Rs. 1,57,298/- (Rupees one lakh fifty seven thousand two hundred ninety eight) along with interest at the rate of 12% per annum w.e.f. 07.03.1998 and the appellant (insurer) of the offending vehicle has to pay the said compensation within a period of three months from the date, failing which interest rate shall be 15% per annum.

5. Under Section 167 of the MV Act, 1988, the claimants have to exercise their options for claiming compensation either under MV Act, 1998 or under the Workmen's Compensation Act, but not under both. The compensation under the Workmen's Compensation Act, 1923 may be without prejudice to the provisions of Chapter-X of the MV Act 1988. Once the option was exercised and award was passed under the Workmen's Compensation Act, 1923, it is not open to the claimant to seek remedy under the MV Act. Chapter-X of the MV Act deals with the liability without fault in certain cases and it consist of Sections 14