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

Section: 2(g), 4(1)(c)(ii)

(a) Workmen's Compensation Act (VIII of 1923) Ss. 2(g) & 4(1)(c)(ii)-Permanent partial disablement-Workman injured during course of employment permanently taken off duty as skilled workman after recovery-Case, held, one of permanent partial disablement. The case of the workman fell within the definition of partial dis ablement contained in section 2(g) of the Act and because he was permanently taken off the duty as skilled machineman which he was capable of undertaking at the time of accident, therefore, it (the case) has rightly been found that of permanent partial disablement. (b) Workmen's Compensation Act (VIII of 1923) S. 4(1)(c)(ii) & Scheds. I & IV read with Explanation-Assessment of loss of earning capacity--Injuries suffered by workman such as not specified in Sched. I and his case being one of permanent partial disablement, Commissioner had to give his own assessment of loss of earning capacity-Such loss of earning capacity to be comparably proportionate to standard laid down in case of permanent total dis ablement in Sched. IV-Injuries if more than one, Commissioner had discretion to assess loss equal to that of total disability. As the injuries suffered by the respondent were not specified in Schedule I and his being a case of permanent partial disablement, the Com missioner was required under clause (c)(ii) of section 4(1) to give his own assessment of the loss of earning capacity which would be comparably proportionate to the standard laid down in case of permanent total disable ment in Schedule IV. If there were more than one injuries then under the Explanation, the Commissioner was further given wider discretion to make assessment equal to that of total disability. (c) Workmen's Compensation Act (VIII of 1923) S. 4(1)(c)(ii)-Assessment of loss of earning capacity-Doctor's opinion as to percentage of loss of earning capacity-Can be taken note of but cannot control Commissioner's decision-Commissioner's decision to be based on his own judgment qua loss of earning capacity. The contention that unless a doctor gives the opinion as to the percent age of loss of earning capacity, the Commissioner is incompetent…