JUDGMENT :

A. Pasayat, J. - In this appeal under Sec. 30 of the Workmen's Compensation Act, 1923 (in short, 'the Act'), Orissa State Electricity Board {in short, the Board') and its functionaries call in question legality of award made by the Commissioner, for Workmen's compensation cum. Assistant Labour Commissioner, Cuttack (in short, 'the Commissioner') awarding Compensation of Rs. 40,770/- to Kedar Charan Lenka (hereinafter referred to as 'the claimant').

2. The award came to be made on the following background: Claimant filed a claim application under the Act claiming compensation of Rs.60.000/-for allegedly having sustained injuries in an accident while on his duty. While he was performing his duty of repairing the electric lines at Kundai under Kotapada section on August 12,1993, he met with accident and sustained injuries arising out of and in course of his employment. It was accepted by the Board and its functionaries that the claimant was an employee and had met with an accident on August 12,1993 in course of his employment. But, the gravity of injuries and age of the claimant were disputed. It was also contended that there was no loss of earning capacity, and therefore, qu