...taking that view as there was only partial disablement within the meaning of Section 2(1)(g) of the Act which should have been deemed to have resulted in permanent partial disablement of the nature...his left arm at the elbow. It has however been argued that the injury did not result in permanent total disablement of the respondent, and that the Commissioner committed a gross error of law in...will appear, there is no force in this argument.5. The expression “total disablement” has been defined in Section 2(1)(e) of the Act as follows...

...determining the compensation, or(b) In case of permanent partial disablement such percentage of compensation which would have been payable in the case of...permanent total disablement as specified under Item (a) above.Injuries deemed to result in permanent total disablement/permanent partial disablement and...:Loss of income, if any, for actual period of disablement not exceeding fifty-two weeks.PLUS either of the following...

...: " `Partial disablement' 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...undertaking at that time : provided that every injury specified (in Part II of Schedule I] shall be deemed to result in permanent partial disablement;" `Qualified medical...) and clause (b) shall be deemed to be four thousand rupees only; (c) Where permanent (i) in the case of an injury specified partial disablement in Part II of...

..., amounts to one hundred per cent or more;Partial disablement is defined under Section 2(g)Partial disablement means, where the disablement is of a...specified in Part II of Schedule I shall be deemed to result in permanent partial disablement.”2. From the perusal of the above provisions of Section 2(1) it is.... In the definition of partial disablement as provided under Section 2(g) the proviso provides that every injury specified in Schedule I part II shall be deemed as permanent...

...compensation, or(b) In case of permanent partial disablement such percentage of compensation which would have been payable in the case of permanent total disablement as specified under item (a...) above.Injuries deemed to result in Permanent Total Disablement/Permanent Partial Disablement and percentage of loss of earning capacity shall be as per Schedule I under Workmen's...Compensation Act, 1923.”As per sub-clauses (a) and (b) of Clause 5, in case of permanent total disablement or partial disablement, the Court can arrive at an amount payable by multiplying...

...—(a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding three days;(b)...any injury, not resulting in death or permanent total disablement, caused by an accident which is directly attributable to—(i) the workman having been at...

...total disablement and permanent partial disablement; and for temporary disablement compensation can be awarded for loss of income for period not exceeding 52 weeks. He submitted that after grievous...injury disability is of three kinds viz., (i) temporary disablement which may extend to fifty two weeks; (ii) permanent disablement; and (iii) permanent partial disablement. Para 5 further provides that...injuries deemed to result in permanent total disablement/permanent partial disablement and percentage of loss of earning capacity shall be as per Schedule I under Workmen's...

...injuries is required to be determined. Disability is of two types: permanent total disablement and permanent partial disablement; and for temporary disablement compensation can be awarded for loss of...disablement; and (iii) permanent partial disablement. Para 5 further provides that injuries deemed to result in permanent total disablement/permanent partial disablement, and percentage of loss of...regarding permanent partial disablement. Counsel for the Insurance Company submitted that in the absence of clear directions, doctors appear in Court and depose about the percentage of disability and...

...section 2(1)(g) of the Act, which defines “partial disablement”, it has been submitted by Mr. Das that such partial disablement may be of temporary or of a permanent nature, depending, o.... Das, learned senior counsel submits that if the earning capacity in the employment, in which he was engaged, has been reduced because of the disablement, it would be temporary partial disablement and...witnesses that their disablement is not of a permanent nature and therefore does not amount to permanent partial disablement, but is partial temporary disablement, as the doctors in their evidence have...

...of Rs. 2,850 was paid by him to the appellant. He held that the appellant fell within the wage group of Rs. 80-100 and on the basis of 65 per cent, permanent partial disablement awarded Rs. 2,730 and...disablement and permanent partial disablement. Section 2(g) and (l) define “partial disablement” and “total disablement”. The definitions so far as relevant are...:“(g) ‘partial disablement’ means,…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 tim...

...of Section 2(g), which reads as follows:“partial disablement” means where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a...capacity in every employment which he was capable of undertaking at that time; provided that every injury specified shall be deemed to result in permanent partial disablement.”6. It is...contended that in view of the above there was partial disablement of the appellant which is of permanent nature that in accordance with the provisions of Section 4(c)(II) the...

...finding which the Commissioner should have recorded was that there was only partial disablement entitling Usman Khan to a sum of not more than Rs. 2,016, which is 60 per cent of the amount claimable by...partial disablement as contended for the employer. Usman Khan would have been entitled under the provisions of Section 4(1)(c)(i) to a sum equivalent to 60 per cent of Rs. 3,360....7. Now ‘partial disablement’ is defined by Section 2(1)(g) of the Act, while ‘total disablement’ is explained in the definition contained in clause (1) of...

...disablement. In this view of the matter I find that the applicant is really suffering from some permanent partial disablement and his loss of earning capacity as a result of the said disablement should be...assessed at 7 percent only. The applicant is, therefore entitled to a sum of Rs. 784/- as compensation less Rs. 156/- already paid.”4. The definition of “partial disablement” appears in...section 2(g) of the Workmen's Compensation Act, 1923. It runs as follows:“‘Partial disablement’ means, where the disablement is of a temporary nature, such...

...(four thousand rupees), his monthly wages for the purposes of clause (a) and clause (b) shall be deemed to be 3 (four thousand rupees), only;(c) Where permanent partial disablement result...from the injury (i) in the case of an injury specified in Part II of Schedule 1, such percentage of the compensation which would have been payable in the case of permanent total disablement as is...payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the qualified medical practitioner) permanently caused by the injury;” “In assessing...

...compensation for the partial permanent disablement as a result of the accident. The dispute was regarding the appropriation of the above amount due towards compensation for the partial permanent...which had nothing to do with the compensation for the partial permanent disablement. The learned counsel for the respondent/submitted that in view of the proviso to Sub-sec. (2) of...partial permanent disablement is suffered due to the injury. Clause (d) of Sub-sec. (1) deals with the cases where temporary disablement whether total or partial results from the injury. So far as Cls...

.... The original claimant claimed an amount of Rs. 4,03,000 on account of serious injuries and permanent partial disablement. She is one of the seriously injured-claimants on account of the road...responsible for the accident resulting into serious permanent partial disablement affecting functional loss to the claimants.5. Two claim petitions were filed and both were jointly...permanent partial disablement to the extent of 38 per cent rendering her disabled to cook and which for housewife is not only a great agony or strain but a serious astonishment. The amount of compensation...

...partial disablement of permanent nature as defined in Section 2(g) of the ‘Act’.7. It may be noticed in the above connection that Section 2(g...he was capable of undertaking at that time would amount to partial disablement. It is further provided that every injury specified in Part II of Schedule shall be deemed to result in permanent partial...of injury resulting in permanent disablement caused to him due to the accident arising out of and in the course of employment with the appellants.3. The learned Commissioner by the...