ORIENTAL INSURANCE CO LTD Vs. SAMBHU NATH YADAV

JUDGEMENT

(1.) THIS appeal has been preferred by the insurance Company under Section 30 of the workmen's Compensation Act, (hereinafter referred to as to Act) challenging the award dated 15th May 2000 passed by the commissioner. By the impugned award, a disabled person has been awarded a sum of rs. 2,60,292 as compensation along with interest at the rate of 12% per annum treating his disability as 100%.

(2.) NO case has been made out by the appellant in the Court below in connection with the applicability of the Schedule I Part II of Section 2 (g) of the Act about disability. Such point has been raised by the appellant before this Court for the first time. The Tribunal has relied upon a four-Judge judgment of the supreme Court, in the case of Pratap Narain singh Deo v. Srinivas Sabata and another\ wherein it has been held as under:

(3.) ALTHOUGH the point was not agitated, since it is a question of law, Mr. K. S. Amist learned Counsel is allowed to make his submission. He has stated that disablement is in the nature of amputation of lower limb below the knee, therefore, there is no loss of earning capacity to the claimant. Hence, provisions of Section 2 (g) of the Act read with by Schedule I part II will be altracted in this case for 50% disablement and loss of earning capacity accordingly.