JUDGMENT :

Heard Ms. S. Roy, learned counsel for the appellant-Insurance Company which has preferred the present appeal under Section 30 of the Workmen’s Compensation Act 1923 (presently Employees Compensation Act, 1923). The said appeal has been preferred against a Judgment and Award dated 05.04.2010 passed by the learned Commissioner, Workmen’s Compensation, Tezpur in Workmen’s Compensation Case No. 07/2008 by which a sum of Rs.2,47,140/-(Rupees Two Lakh Forty Seven Thousand One Hundred Forty) has been awarded.

2. This Court while admitting this appeal vide order dated 06.08.2010 had formulated the following two substantial questions of law.

1. Whether the injury sustained by the claimant not being one as specified in Schedule I part II of the Workmen’s Compensation Act, 1923 and there being no evidence and finding at all to show that the alleged disablement of the claimant reduces his earning capacity in every employment which he was capable of undertaking at the time of accident, the learned Commissioner was justified in granting compensation in accordance of the provisions of Section 4 (1) (c) (ii) of the Act.

2. Whether the Medical Practitioner having purportedly assessed the los