Dhiraj Singh Thakur, J.

1. The present appeal is preferred under Section 30 of the Workmen's Compensation Act, 1923 against the award dated 17.3.2004 passed by the Commissioner under Workmen's Compensation Act, Jammu. Brief facts leading to the filing of the present appeal are as under:

2. The appellant was employed as a driver of a truck belonging to respondent No. 2. On 7th of August, 1999, the appellant was deputed by the owner to take the consignment of coal (9 tons) from Pathankot to Trigam, Kupwara. While the appellant was on his way to fetch a receipt for the delivery of the said consignment, a rocket attack was launched by the militants, targeting the army area, as a result of which the appellant and few other army personnel received severe injuries. The appellant received grievous injuries, leading to the amputation of four fingers of his left hand besides other body injuries.

3. The Block Medical Officer of the Community Health Centre, R.S. Pura certified that the appellant had suffered 50% disablement on account of the said injuries.

4. A claim petition subsequently came to be filed by the claimant-appellant herein stating therein that he had become physically hand