REGIONAL MANAGER NATIONAL INSURANCE CO. LTD. REGIONAL OFFICE, SUBHARAM COMPLEX, 144, M.G. ROAD BANGALORE - 560001 Vs. MAHESH YADAV S/O SURINDER YADAV

JUDGEMENT

(1.) THE Insurance Company has filed this appeal, raising following substantial questions of law: -

(2.) IT is not in dispute that as a result of accident, right. lower limb of claimant was imputed below knee level. It is also not in dispute that claimant was a driver by occupation. The Commissioner for Workmen's Compensation having regard to nature of disability, which is total disablement, has determined loss of earning capacity at 100%.

(3.) THE learned counsel for Insurance Company has relied on a decision of this court, reported in ILR 2004 KAR 193 (in the case of Shivalinga Shivanagowda Patil and Others Vs. Erappa Basappa Bhavihala and Others), wherein this court has held that loss of earning capacity will have to be determined not only with reference to the work which the workman was performing before the accident but also with reference to all the work, which the workman was capable of doing after the accident.