MFA 27/2001 BEFORE HON’BLE MR.JUSTICE P K MUSAHARY JUDGEMENT & ORDER(ORAL) Heard Mr.S.K.Goswami, learned counsel for the appellant and Mr. P K Talukdar, learned counsel for the respondents. Mr. Talukdar has no objection in remanding the matter. 2. Mr.S.K.Goswami, learned counsel for the appellant submits that the learned Commissioner, Workmen’s Compensation, Ulubari, Guwahati committed e rror in law in passing the impugned judgment and order dated 17.1.2001 in W.C.C ase No.122/2000 awarding a compensation of Rs.1,57,000/-(Rupees One Lac Fifty S even Thousand) only in favour of the claimant/respondent No.1. The first error that was committed is in regard to assessment of loss of earning capacity withou t assessment of the extent of disability by the doctor which is required under Section 4(1)(c) of the Workmen’s Compensation Act, 1923 (hereinafter in short, t he ’Act’) and the second error is in regard to calculating the monthly wages of the claimant taking together with the salary and allowances which is in viola tion of the provisions of the Act and other rulings pronounced by the Supreme Co urt as well as by this Court,one of which is, New India Assurance Company Ltd. - Vs- Abdul Kalam reported in 2009 (1) GLT 138. Mr. Goswami submits that the mat ter may be remanded for fresh trial. 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. It is ordered accordingly. The impugned judgment and order dated 17.1.2001 in W.C.Case No.12 2/2000 stands quashed and set aside and the present appeal is remanded to the learned Commissioner, Workmen’s Compensation, Ulubari, Guwahati for fresh hearin g/trial on the above points and render fresh judgment and order. The learned Com missioner, Workmen’s Compensation, Ulubari, Guwahati shall hear the matter by gi ving due notice and opportunities to the parties and dispose of the same within three months from the date of receipt of the LCR with a copy of this judgment . The parties are allowed to adduce further evidence on the aforesaid points, if s o desired/advised. 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. Se nd down the LCR forthwith to the court below.