NATIONAL INSURANCE CO LTD Vs. SOHAN LAL

JUDGEMENT

(1.) The only substantial question of law, on which this appeal was admitted, is whether the Commissioner, Workmen's Compensation, could have assessed the quantum of compensation by taking the permanent disability of 25 per cent, in respect of one of the two lower limbs, as the percentage of loss of earning capacity, particularly when the medical certificate indicated that the disability in relation to the whole body was 12 per cent. I have heard the learned counsel for the parties and perused the record.

(2.) Medical Certificate Exhibit P.W.1/A is to the effect that permanent disability sustained by the respondent in the accident, in question, was 25 per cent, in respect of one of the lower limbs, and in relation to the whole body disability has been certified to be 12 per cent. As per provision of Section 4(1)(c)(ii) of the Workmen's Compensation Act, where the injury is not specified in Schedule I, compensation is to be payable proportionate to the loss of earning capacity, vis-a-vis permanent disablement.

(3.) In the present case, even though the doctor has opined that the permanent disability caused by the injury, in question, is to the extent of 25 percent, in relation to one of the two lower limbs and the disability in relation to the whole body is to the extent of 12 percent, but there is nothing on record showing that 12 per cent permanent disability, in relation to the whole body, has affected the earning capacity of the respondent only to that extent and not more than that.