JUDGMENT :

A. Pasayat, J. - Award of compensation to Akshaya Kumar Rout, respondent in this appeal (hereinafter referred to as 'the claimant'), by Joint Labour Commissioner-cum-Commissioner for Workmen's Compensation, Orissa, Bhubaneswar (in short, 'the Commissioner') is the subject-matter of challenge by the employer, Indian Railways.

2. Claim for compensation lodged by the claimant under the Workmen's Compensation Act, 1923 (in short 'the Act') was essentially on the following background:

On 4.8.1986 at about 9.20 a.m. while the claimant was working as fitter in Mancheswar Coach Repairing Workshop of the S.E. Railway, he sustained grievous injuries like fracture of hip joint due to accident which arose out of and in the course of his employment. He was 25 years of age and was getting Rs. 1,200/-per month as wages. On account of the said accident he has become permanently disabled to some extent. The Chief Workshop Manager (P), Carriage Repair Workshop, Mancheswar Railway Workshop, was impleaded as opposite party in the claim application.

3. The stand of the opposite party, the appellant in the present appeal, was that the claimant was in service and was getting his full salary. There