MFA 52/2001 BEFORE HON’BLE MR.JUSTICE P K MUSAHARY JUDGEMENT & ORDER(ORAL) Heard Mr.S.Dutta, learned counsel for the appellant. None appear s on behalf of the respondent. 2. The appellant has challenged the judgment and award dated 2.3.20 01 passed by the learned Commissioner, Workmen’s Compensation Nagaon in W.C.Cas e No.14 of 1999 whereby an award of Rs.1,48,228/- was awarded in favour of the claimant as compensation under the Workmen’s Compensation Act, 1923. It is submi tted by Mr. Dutta that the disability caused due to the injury sustained by the claimant has been assessed at 70% without taking evidence of the doctor and with out obtaining any legally acceptable reports. The medical officer who issued t he injury report was not examined by the learned Commissioner and as such there was no opportunity to cross-examine the aforesaid doctor to testify the correctn ess and/or falsehood of the said report has been provided to the appellant. Acco rding to him, this issue is required to be adjudicated after recording evidence of the witnesses concerned. I am of the considered view that the aforesaid submi ssion is acceptable and as such, impugned judgment and award dated 2.3.2001 pas sed by the learned Commissioner, Workmen’s Compensation Nagaon in W.C.Case No.1 4 of 1999 is hereby quashed and set aside. 3. Consequently, this matter is remanded to the learned Commissio ner, Workmen’s Compensation Nagaon, who shall issue notice upon the parties conc erned and decide the matter by providing opportunity of adducing evidence by the parties within a period of three month from the date of receipt of the LCR. 4. It is made clear that the amount so far deposited by the appella nt with the Commissioner, Workmen’s Compensation, Nagaon shall be kept in fix ed deposit till disposal of the matter. 5. With the aforesaid directions this appeal stands disposed of. Se nd down the LCR forthwith to the court below.