Pareed Pillay, Ag. CJ.

Appellant (New India Assurance Company) is the third opposite party in W.C.C. 118 of 1988 before the Deputy Labour Commissioner (Commissioner for Workmen's Compensation), Kozhikode. First respondent (applicant) filed application under S.22 of the Workmen's Compensation Act, 1923 (referred to as 'the Act' for brevity ) claiming compensation for personal injuries sustained by him on 14-11-1987 during the course of his employment as driver in the Autorikshaw KED-1232 owned by the second respondent. Applicant sustained injuries including fracture of tibia and fibula. Second respondent admitted the employment of the applicant as his driver. The accident is also admitted.

2. This is a case where the qualified medical practitioner certified the percentage of the disability and the Commissioner did not accept the same. Commissioner fixed 100% loss of earning capacity and on that basis determined the compensation. Applicant's contention is that the compensation determined by the Commissioner is without jurisdiction. It is contended that in terms of S.4(1) (c) (ii) of the Act the Commissioner has no jurisdiction to fix percentage of disability at variance wit