JUDGMENT :

By way of instant appeal, appellant has assailed award dated 08.06.2012 passed by the Commissioner under Employees Compensation Act (for short ‘Commissioner’) in Case No.9-2 of 2011/2008.

2. Appellant was employed as driver by respondent No.1 to drive a bus. During the course of his employment with respondent No.1, on 02.05.2007, the bus owned by respondent No.1 met with an accident while being driven by the appellant. Appellant suffered multiple injuries. His right arm got seriously fractured, resulting in permanent disablement to the extent of 40% to the appellant.

3. Appellant approached the Commissioner for award of compensation under the Employees Compensation Act (for short ‘Act’). His specific case was that though the disability suffered by appellant was assessed at 40% but due to the nature of the injuries/disability, he was unable to drive the commercial vehicle, therefore, his loss of earning capacity was to the extent of 100%. His plea before the Commissioner was that he was paid Rs.5000/- per month as salary, besides Rs.100/- per day as daily allowance. As per appellant, his age was 41 years at the time of accident. He accordingly prayed for grant of Rs.6,00,000