Law: Workmen's Compensation Act (VIII of 1923)

Section: 2(g),4

Workmen's Compensation Act (VIII of 1923)-----   -----S. 2 (g) and S. 4, cl. C (ii) -Commissioner first to determine extent of injury under S. 2 (g) and then to compute compensation according to relevant provision of S. 4-Case remanded where such provision ignored.   The Commissioner had not given any finding whether the appellant had been permanently disabled or partially disabled. Apparently, it was a case of partial disablement. But partial disablement was also of two types, namely of a temporary nature and of a permanent nature. The appellant claimed that his case was that of a permanent partial disablement.   From the medical certificate and from observation of appellant in Court, His Lordship was of opinion that the appellant's injury had resulted in permanent partial disablement.   The Commissioner had awarded compensation at 5% of permanent disablement. But there was nothing to show on what process of calculation under the provision of the relevant law this compensation had been computed.   Held, that the Commissioner after determining the extent in accordance with section 2 (g) of the Act should have referred to the principles of compensation laid down in section 4 cl. C (ii) of the Act and awarded such percentage of compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity permanently caused by the injury.   Case remanded with the direction to call for evidence in terms of cl. (g) of section 2, Workmen's Compensation Act, and determine afresh the award of compensation in accordance with section 4, cl. C (ii) of the Act.   Governor-General in Council v. Dewa Khanno A 1 R 1947 Sind 184 fol.   A I R 1937 Cal. 526 inapplicable   Dates of hearing : 23rd February, 2nd March and 13th April 1959.    JUDGMENT   This is an appeal under section 30, Workmen's Compensation Act, VIII of 1923 from the order of Mr. Feroze Nana Ghulamall, in case No. 166 of 1955 dated 9-7-56, the then Chief Judge, Small Causes Court as Commissioner under Workmen's Compen sation Act, refusing to award the appellant full compensation for the injuries…