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Judgment
Gurusharan Sharma, J.—Heard the parties, perused the Lower Court records and with their consent this Appeal is disposed of under Order 41 Rule 11 of the Code of Civil Procedure.
Admittedly, Harendra Singh, Respondent No. 1 was employed as driver of a truck, bearing registration No. DIL 3343 and while on duty on 7.5.1996, on account of a bomb blast, he sustained injury in his eye.
The injured-driver filed C.W. Case No. 22 of 1996 under the provisions of the Workmen''s Compensation Act, 1923 (hereinafter referred to as the Act). On the basis of material on record the Commissioner under the Act found that at the time of accident the injured driver was 45 years old and was getting monthly salary of Rs. 2000/-. On the basis of medical report, it was established that he had sustained partial vision loss to the extent of 45%.
In such circumstance, the Commissioner under the Act erred in treating the same to be loss of sight to such an extent as to render the claimants unable to perform any work, for which eye sight was essential. In my opinion, it was a case of partial loss of vision in one eye and as such percentage of loss of earning capacity at any rate could not have been 100%.
Both the parties agreed that the injury in question was covered under Serial No. 26 of Schedule I, Part II of the Act and compensation amount payable under the Act was to be calculated u/s 4(1)(c)(i) of the Act. It comes to Rs. 81,331.00.
Accordingly, the impugned judgment and award is modified. Now instead of Rs. 2,03,328.00 as calculated by the Commissioner under the Act, the injured driver-Respondent No. 1 shall be entitled to get Rs. 81,331.00 only by way of compensation under the Act. The Appellant-insurance company has already deposited the amount of compensation fixed by the impugned award and the same has been kept in term deposit in a Bank. Now, pursuant to this judgment/order Respondent No. 1 shall be entitled to withdraw principal amount of compensation to the tune of Rs. 81,331.00 with interest accrued thereon and the balance amount with interest thereon shall be withdrawn by the Insurance Company.
This appeal is disposed of accordingly.