JUDGMENT

Heard both sides. The question came up for consideration is with respect to the award passed by the Compensation Commissioner without ascertaining the functional disability in its true sense, for which the learned counsel for the appellant relies on the decision rendered by the Apex Court in Chandramma v. Manager, Regional Office, NCC Limited [2022 KHC 7266]. It is submitted that none of the guidelines stipulated by the Apex Court in an earlier three Bench decision in Raj Kumar v. Ajay Kumar and Another [2011 (1) SCC 343] was taken into consideration while assessing the functional disability. Yet another infirmity was also brought to the notice of this court with respect to the certificate exhibited as Ext.A3, wherein the permanent disability is assessed at 7% and loss of earning capacity is assessed at 18%. The trial court had accepted 10% as the functional disability. But, Ext.A3 certificate is issued by the doctor who treated the patient, the petitioner. It is not permissible for the doctor who conducted the treatment to assess the disability sustained by the particular person. It shoul