JUDGMENT :

J.N. Sarma, J.

1. This appeal u/s 30 of the Workmen's Compensation Act, 1923 has been filed challenging the legality and validity of the judgment and award dated March 9, 1998 passed in W.C. Case No. 82/1997 by the Commissioner, Workmen's Compensation. Nagaon. It is not necessary to go into the facts of this case. The only argument advanced in this case is that Issue No. 4 was decided by the Commissioner wrongly and in violation of Section 4(1)(c)(ii) of the Workmen's Compensation Act, 1923. The finding of the learned Commissioner in Issue No. 4 is quoted below:

"Issue No. 4: This is a case of personal injuries and as per law under the Workmen's Compensation Act, the claimant petitioner is entitled to Compensation under the following head:

Although no amputation was done on the part of injuries complete and permanent uses of that limb deemed to be equivalent to the loss of that limb or member.

As the medical report is silent about the percentage of loss of earning capacity of the claimant petitioner due to physical injuries sustained by him, the Commissioner is empowered by law to determine the quantum of compensation.

So, considering all relevant factors such as the medical r