Heard Mrs. M. Choudhury, learned counsel for the appellant. None appears on call for the respondents although notice was served on them.

2. This appeal under Section 30 of the Workmen’s Compensation Act, 1923 has been filed against the judgment and award dated 07.06.2007 passed by the learned Commissioner, Workmen’s Compensation, Golaghat in W.C. Case No. 15/2005. The appeal has been admitted for hearing on the following substantial question of law by order dated 10.10.2007.

(i) Whether the Commissioner can assess the loss of earning capacity from his own?

(ii) Whether interest on default can be made payable from the date of accident?

(iii) Whether insurance company is liable to pay penalty under Workmen’s Compensation Act, 1923?

3. The brief facts of the case is that the respondent No. 1 is the driver of truck bearing registration No. AS-25-A-2997. On 24.06.2005 at about 10.30 PM while coming from Guwahati, at Lotabari on NH-37, an offending vehicle bearing registration No. AS-01-M-8605 came in a very high speed and dashed against his vehicle with full force. As a result of the accident, both the vehicles got damaged and the respondent No. 1 suffered the following i