JUDGMENT :

Kaushal Jayendra Thaker, J.

1. Heard Sri Arvind Kumar, assisted by Sri Komal Mehrotra, learned counsel for the appellant through video conference and perused the record.

2. This appeal, at the behest of the United India Insurance Company Limited, challenges the judgment and order dated 16.12.2004 passed by Commissioner Workmen's Compensation, Ghaziabad/Assistant Labour Commissioner U.P. Ghaziabad in W.C.A. Case No.23 of 2004 whereby the Court below had allowed the appeal upturning the decision of the medical board.

3. Substantial questions of law which are framed by the appellant herein read as under :-

(i) Whether the Commissioner is legally entitled to award higher amount of compensation than the amount claimed by the claimants ?

(ii) Whether in the absence of any proof of income or employment the Commissioner is legally entitled to award a higher compensation than the compensation claimed ?

(iii) Whether the Commissioner is legally justified to accept disability certificate without it being proved before him ?

(iv) Whether the Commissioner was legally justified to award 12% interest ?

(v) Whether the Commissioner was legally justified to fix the liability of payment of interes