1. Mr. Gupta, learned counsel for the appellants has raised a very pertinent point, in this appeal by Rajasthan State Road Transport Corporation against Ramotar son of Birdhi Chand. in S. R. Civil Misc. Appeal No. 313 of 1986. His submission is that the doctor has failed to assess the percentage of permanent loss of disahility of the injured and therefore the Tribunal has acted in an arbitrary manner in holding that there would be 50 percent loss of strength of capacity to work of Ramotar who is doing the job of a washer man.

2. Mr. Srivastava has submitted that the statement of doctor read with this statement of Ramotar makes it clear that Ramotar in this accident lost two lingers of the leg and there was a fracture in the thigh and knee. Ramotar has come in evidence himself and stated on oath that he cannot earn any thing now, although he was earning Rs. 700/- per month earlier. The Tribunal has held that this assertion of Ramotar that he cannot earn anything cannot be believed because the fracture of the right thigh and knee has now been treated and there has been only partial loss of movement in the right knee. Doctor Rajendra Kumar, PW 4 who examined the injured has st