MFA 55/2001 BEFORE HON’BLE MR.JUSTICE P K MUSAHARY Heard Mr.S.Dutta, learned counsel for the appellant. None appears on behalf of t he respondent. 2. This appeal is filed against the judgment and award dated 30.4.2 001 passed by the learned commissioner for Workmen’s Compensation, Kamrup, Guwah ati in W.C.Case No.179 of 2000. 2. It is submitted by Mr.Dutta, learned counsel for the appellant that the compensation award is not acceptable inasmuchas the learned Commission er for Workmen’s Compensation, Ulubari, Guwahati passed the award without tak ing any evidence of the doctor on physical disability of the claimant and came to the conclusion that the loss of earning capacity of the claimant is 50% which is contrary to the present law enunciated by the Supreme Court as well as this court. As the doctor concerned was not examined as a witness the appellant was d eprived of cross-examination. It is also submitted that the daily wage has been accepted as part of the salary. Learned counsel further submitted the commission er for Workmen’s Compensation committed error in law in passing the impugned jud gment and award dated 30.4.2001 in W.C.Case No.179 of 2000 awarding a compens ation of Rs.1,30,150/-(Rupees One Lac Thirty One Hundred and Fifty) only in favo ur of the claimant/respondent No.1. 3. To determine the loss of earning capacity and wages for coming t o a correct conclusion and decision of this case, I am of the considered view th at in the interest of justice the matter is liable to be remanded and accordingl y it is so remanded. The impugned judgment and order dated 30.4.2001 in W.C.Ca se No.179 of 2000 stands quashed and set aside and the present appeal is reman ded to the learned Commissioner, Workmen’s Compensation, Ulubari, Guwahati for f resh hearing. The learned Commissioner, Workmen’s Compensation, Ulubari, Guwahat i shall hear the matter by giving due notices and opportunities to the parties a nd dispose of the same within three months from the date of receipt of the LCR w ith a copy of judgment of this court. The learned Commissioner shall also give opportunity to raise the issue of imposing interest on the compensation amount f rom the date of adjudication. 4. It is made clear that the amount so far deposited by the appella nt with the Commissioner, Workmen’s Compensation, Ulubari, Guwahati shall be ke pt in fixed deposit till disposal of the matter. 5. With the aforesaid directions this appeal stands disposed of.