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 Indran