MFA 69/2001 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. This appeal is filed against the judgment and award dated 29.6.2 001 passed by the learned commissioner for Workmen’s Compensation, Kamrup, Guwah ati in W.C.Case No.43 of 2000. 2. It is submitted by Mr.Dutta, learned counsel for the appellant that the impugned award is not sustainable under the law inasmuch as the learn ed Commissioner for Workmen’s Compensation, Tezpur, without taking any evidence of the doctor on physical disability of the claimant, came to a conclusion that the loss of earning capacity of the claimant is 50% which is contrary to the pr esent law enunciated by the Hon’ble Supreme Court as well as this court. As the doctor concerned was not examined as a witness the appellant was deprived of th e chance to cross examine him. It is also submitted that the daily wage has been accepted as part of the salary which is not permissible under the law. Learned counsel further submitted that the commissioner for Workmen’s Compensation comm itted error in law in passing the impugned judgment and award dated 29.6.2001. I n this regard, Mr. Dutta relies on a decision rendered by this court in New Ind ia Assurance Company Ltd. -Vs- Abdul Kalam, reported in 2009 (1) GLT 138. Accord ing to him, the matter is liable to be remanded for fresh trial and disposal. 3. To determine the loss of earning capacity and for coming to a c orrect conclusion and decision of this case, I am of the considered view that in the interest of justice the matter is liable to be remanded and it is ordered accordingly. The impugned judgment and award dated 29.6.2001 passed by the learn ed commissioner for Workmen’s Compensation, Kamrup, Guwahati in W.C.Case No.43 o f 2000 stands quashed and set aside and the present appeal is remanded to the le arned Commissioner, Workmen’s Compensation, Tezpur for fresh hearing. The learne d Commissioner, Workmen’s Compensation, Tezpur shall give due notice and opport unities of hearing to the parties and dispose of the same within three months f rom the date of receipt of the LCR with a copy of this judgment and order. The learned Commissioner shall also give opportunity to raise the issue of imposing interest on the compensation amount from 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, Tezpur 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.