Thottathil B. Radhakrishnan, J.

1. This appeal is by the employer. Under challenge is an order of the Workmen's Compensation Commissioner.

2. The workman, Murugan, sustained injury to his left index finger while operating a vibrating machine. The Chief Medical Officer of the employer assessed the disability at 3%. The Medical Board of the Idukki District issued Exhibit A1 certificate, assessing the permanent physical disability due to the injury at 10%. The workman gave evidence as A.W.1. His testimony was corroborated by A.W.2. There is no contra evidence by the management. The monthly earnings of the workman was proved. The Commissioner took it as Rs.1,700/- per month.

3. The first aspect of the argument advanced by the learned counsel for the appellant is that the Commissioner acted contrary to law in adopting 10% as the loss of earning capacity. It is pithily pointed out that the determination of 10% as the permanent physical disability by the Medical Board cannot, by itself, suffice to say that the workman suffered 10% loss of earning capacity. The learned counsel also argued that the doctor of the Medical Board, who issued Exhibit A1 Certificate, had not tendered or