JUDGMENT

Pushpendra Singh Bhati, J. - The appellant insurance company has preferred this appeal under Section 30 of the Workmen's Compensation Act, 1923 (for short 'WC Act') challenging the judgment dated 1.10.2005 passed by the Workmen's Compensation Commissioner, Sirohi.

2. Brief facts of this case as noticed by this Court are that the claimant/respondent no.1 Chand Mohd. was working as driver on the jeep no.RJ 24/T-0653 owned by the respondent no.2. The said jeep met with an accident and the claimant sustained several injuries resulting into amputation of leg of the claimant below knee.

3. The substantial question of law raised by learned counsel for the appellant insurance company in the matter is that the claimant's leg was amputated below the knee and thus, the percentage of loss of earning capacity was to be taken as 50% as per the WC Act. The medical certificate issued by the District General Hospital, Sirohi was showing the permanent disability to the tune of 70% with respect to the injuries caused to the claimant. The learned authority below computed the loss of income taking i