The learned Commissioner while adjudicating the crutial issue i.e. Issue No. 1, as to whether accident occured during the course of and out of employment, recorded a definite finding that on the fateful day when accident occurred, respondent was on duty and he suffered injuries during the course of and out of employment. Issue No. 2 relating to monthly wages of respondent-workman is also decided in favour of respondent-workman by holding that he was earning Rs. 360/- per month. While adverting to Issue No. 3, the learned Commissioner has taken cognizance of the report of the Medical Board, which was constituted as per the order of the Court. The Medical Board, on exmining the relevant report of the radiologist and x-ray plates has found that on account of accident, respondent-workman has been incapacitated up to 20% of his earning capacity. Therefore, taking into account the evidence, which was available on record and the report of Medical Board, the requisite amount of compensation is determined by the learned Commissioner to the tune of Rs. 7,583/- with interest @ 12 % from the date of accident. That apart 50% penalty of the claim amount was also allowed with the litigation expenses.
