Deepak Gupta, J. (Oral).: This is an appeal by the Workman under Section 30 of the Workmens Compensation Act. The appeal has been admitted on the following substantial questions of law:-

1. Whether the learned Commissioner is right in assessing the compensation by taking disability at 30% despite holding that the loss earning capacity is to the extent of 100% by misconstruing the provisions of Section 4 of the Workmens Compensation Act, 1923?

2. Whether the learned Commissioner is right in not awarding 50% penalty as envisaged under Section 4-A of the Workmens Compensation Act?

3. Whether the learned Commissioner is right in not taking into consideration the law laid down by this Honble Court titled-H.P. State Forest Corporation vs. Sees Ram reported in 2000 (1) SLJ 709?

4. Whether the learned Commissioner erred law in ordering the deduction of ex-gratia payment?

2. The brief facts necessary for the decision of the case are that appellant-Puran Dutt was working as a driving in the H.R.T.C. on 29.9.1999 the claimant was on duty with bus No. HP-07-2099 which met with an accident The claimant suffered serious injuries in the accident and his right leg was crushed. He was taken to