Employees Compensation Act, 1923 (8 of 1923), Section (2)(I)(2), 4 – Permanent disability – Job of driving an auto-rickshaw used as a goods carrier – Doctor opined that he suffered from permanent partial disability to the extent of 40%, but Functional loss of 100% of the right upper limb and cannot perform the job of a driver forever due to amputation of his right upper limb – The disablement has incapacitated him from doing the work which he was capable of doing – The said work was of driving a vehicle – Commissioner for Workmen's Compensation was right in holding that the disability of the appellant will have to be treated as 100% disability – Will be covered by the definition of ‘total disablement'.
See also MVA S. 166 – Functional disability
(2022-1)205 PLR 714 (SC) , 2022 SCeJ 0281 , 2022 PLRonline 2557