- (1.) THIS is an appeal under section 30 of the workmen's Compensation Act, 1923. The respondent was a workman of the appellant's colliery. On 21 February, 1970, he met with an accident arising out of and in course of his employment. An iron particle hit his right eye and he lost the vision of that eye permanently. The Commissioner has held that he has sustained loss of earning capacity to the extent of 40% per cent. According to the 'appellant his disability should have been assessed to the extent of 30% per cent.
(2.) SECTION 2 (1) (g) of the Act defines "partial disablement". It means, "where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the disablement, and, where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time; provided that every injury specified in Part II of schedule I shall be deemed to result in permanent partial disablement. " section 4 (1) (c) is as follows : "section (1) - Subject to the provisions of this Act, the amount of compensation shall be as follows, namely : -. . . . . . . . . . . . . . . . . . . . (c) Where permanent partial disablement results from the injury- (i) in the case of an injury specified in Part II of Schedule I, such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earring capacity caused by that injury, and (ii) in the case of an injury not specified in Schedule I, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity permanently caused by the injury. . "
(3.) IT would be convenient at this stage to look into relevant portions of schedule I. The Schedule has two parts - part I and Part II, Part I gives the list of injuries deemed to result in permanent total disablement. Item 4 in part I is as follows: serial No. Description of in Percentage of loss of earning capacity. JUDGEMENT_9_TLCAL0_1976Html1.htm Part II gives the list of injuries deemed to result in permanent partial disablement. This part has been divided into (a) Amputation case upper limbs (either arm) and (b) Amputation cases- (i) lower limbs and (ii) other injuries. In other injuries there are two items amongst others which are relevant for our purposes. These are items 25 and 26 and are as follows: JUDGEMENT_9_TLCAL0_1976Html2.htm There is a note below all the items in Schedule I. The note says: - "complete and permanent loss of the use any limb or member referred to in this Schedule shall be deemed to be the equivalent of the loss of that limb or member. ";