HARBHAJAN SINGH Vs. DILBAGH SINGH AND OTHERS

JUDGEMENT

(1.) This appeal has been filed against the award dated 07.02.1996 passed by the Commissioner, Hoshiarpur under the Workmen's Compensation Act, 1923.

(2.) The un-disputed facts are that the appellant was working as a Driver with respondents No.1 to 3 on vehicle No.PIH 5758, Mark 407 Tata Tempo when on the fateful day he met with an accident where his right arm was amputated. His claim was that he was earning Rs.2,000/- as salary per month while the claim of respondent No.4 was that he was being paid Rs.25/- a day. The Commissioner took his salary as Rs.750/- and his disability @ 70% and consequently ordered compensation of Rs.48,345/-.

(3.) On behalf of the appellant these four mistakes have been pointed out. The first is that in view of the judgment of the Supreme Court in Pratap Narain Singh Deo Vs. Srinivas Sabata, (1976) 1 SCC 289 once the right arm of the appellant was amputated he could no longer hold on to his job as Driver and therefore, the disability had to be taken as 100%.