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Judgment
Leave granted.
The compensation under the Workmen's Compensation Act, 1923 awarded to the appellant has been reduced from Rs.4,28,376/- to Rs.1,71,350/- by the High Court.
The injury suffered by the appellant-claimant is loss of one eye and the physical disability suffered though is to the extent of 30%, the same, in our considered view, has resulted in 100% loss of the earning capacity of the appellant. This is because the appellant was a professional driver and employed as such.
In the aforesaid circumstances, merely on the basis of the percentage of loss of physical disability assessed by the medical practitioner the loss of earning capacity could not have been determined by the High Court to reduce the quantum of compensation. We, therefore, set aside the order of the High court and restore the award made by the Commissioner for Workmen's Compensation and direct that all amount due along with interest, as awarded, shall be paid to the appellant by the Insurer within four weeks from today.
The appeal is allowed in the above terms.