Total disablement. Tanker driver said to have suffered 100% disability due to amputation of right leg up to knee joint in an accident : Workmen’s Compensation Act, 1923 S. 2(1)(e)

The claimant-appellant, a tanker driver, while driving his
vehicle from Ayanoor towards Shimoga met with an accident with a tractor coming
from the opposite side. As a result of the accident, the appellant suffered
serious injuries and also amputation of the right leg up to the knee joint. He
thereupon moved an application before the Com-missioner for workmen’s
compensation, praying that as he was 25 years of age and earning Rs.3,000 per
month and had suffered 100% disability, he was entitled to a sum of Rs.5 lacs by
way of compensa-tion. The Commissioner determined the same at Rs.2000 per month.
The Commissioner also found that as the claimant had suffered an amputation of
his right leg up to the knee, he was said to have suffered a loss of 100% of his
earning capacity as a driver and accordingly determined the compen-sation
payable to him at Rs.2,49,576 and interest @ 12% p.a. thereon from the date of
the accident.

On appeal by the insurance company the High Court held that
the loss of a leg on amputation amounted to a 60% reduction in the earning
capacity and as the doctor had opined to a 65% disability, this figure was to be
accepted and accordingly reduced the compensation. The claimant on further
appeal placed reliance on Pratap Narain Singh Deo v. Srinivas Sabata & Anr.,
(1976) 1 SCC 289, wherein a carpenter who had suffered an amputation of his left
arm from the elbow, the Court held that this amounted to a total disability as
the injury was of such a nature that the claimant had been disabled from all
work which he was capable of performing at the time of the accident. The
expression ‘total disablement’ has been defined in S. 2(1)(e) of the Act as
follows :