Shamsher Bahadur, J. - (1.) THIS is an appeal by Sewa Singh whose claim for compensation under Section 4 of the Workmen's Compensation Act has been dismissed by Mr J.S. Chatha as Commissioner.
(2.) SEWA Singh Appellant was working as a fitter with the Respondent Company - -The Indian Hume Pipe Company Ltd., of Rajpura. He sustained a fracture on his right leg as a result of an accident on 1 -7 -1959. He was hospitalized for a period of 8 months from where he was discharged on the 1st of December, 1959 Thereafter the Appellant has been continuously employed with the Respondent -company. The claim of the Petitioner is founded on Clause (c) of Sub -section (1) of Section 4 of the Workmen's Compensation Act 1923 which provides that compensation would be payable where permanent partial disablement results from the in -jury - (i) in the case of an injury specified in 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 earning 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). It has been rightly conceded by the counsel for the Appellant that Sub -clause (i) of Clause (c) is not applicable as the injury sustained by the Appellant is not mentioned anywhere in Schedule I. What J the counsel has relied on is the provision in Sub -clause (ii) that the compensation would be payable in case of "permanent total disablement." It is, however, significant to note that the compensation payable for such disablement is related to the "loss of earning capacity" as it is to be proportionate to such a loss in earning capacity. The learned Counsel has invited my attention to the testimony of Dr. Puspha Devi of Ajit Parshad Jain Hospital Rajpura, who examined Sewa Singh on the 19th December, 1960, after he had been discharged from there. According to the doctor, Sewa Singh had got "right leg deformity, restricted movement of the knee joint, which affects on his gait and do for having work 50 per cent." She further testified that the injury sustained by the Appellant was "permanent.
(3.) BEFORE the Commissioner there was some dispute about the wages which the Appellant received at the time of accident. He himself claimed that he was receiving a sum of Rs. 80/ - P.M. The Commissioner has accepted the evidence of the Respondent -company that the wages amount to Rs. 75.79 nP. This finding is now accepted by the Appellant.;