AMAR NATH SINGH Vs. CONTINENTAL CONSTRUCTION LTD

JUDGEMENT

(1.) The appellant lost his left eye and made a claim as having lost his complete vision in that eye but medically it was assessed that loss of vision was only 80%.

(2.) The Workmen's Compensation Court on an application being made to it by the appellant assessed the compensation payable to him as 100% under Schedule I, Part I at Item No. 4. On an appeal to the High Court the compensation, which was fixed at 100% was reduced to 30% relying upon the provisions under Item No. 26 of Part-11 of the Schedule I of the Act.

(3.) The contention put-forth before this Court is that the reduction made by the High i Court is improper. The learned counsel for the appellant relied upon a decision of this Court in Pratap Narain Singh Deo v. Srinivas Sabata and Another, AIR 1976 SC 222 : 1976 (1) SCC 289 : 1976-I-LLJ-235 wherein the case of amputation of left arm from the elbow causing total disablement to perform the work of Carpenter was discussed and contended in the present case that there is a loss of one eye and the earning capacity of the appellant has been reduced from what he was capable of earning at the time of the accident, as a result of disablement. Learned counsel for the respondent refuted this contention and submitted that as the appellant himself has been claiming that he was fit for work and his evidence discloses the same and in the circumstances the view's taken by the Commissioner, Workmen's Compensation is incorrect and that of the High Court is justified. The decision in Pratap Narain Singh Deo v. Srinivas Sabata and Another, (supra) , turned on its own facts, therefore, the principles therein cannot be extended to the present case.