Page 120 - DCOM207_LABOUR_LAWS

Unit 7: Definitions under Workmen’s Compensation Act, 1923

The medical evidence showing loss of physical capacity is a relevant factor but it is certainly not Notes
the decisive factor as to the loss of earning capacity. It is the loss of earning capacity that has to
be determined. Commrs. for Port of Cal. v. A. K. Ghosh.
The type of disablement suffered is to be determined from the facts of the case. But it is provided
that every injury specified in Schedule I to the Act shall be deemed to result in permanent partial
disablement. The schedule also mentions the percentage loss of earning capacity which is to be
presumed in each such case.

Example: (From Schedule 1)
Description of Injury Percentage loss of
earning capacity
Loss of both hands . . . . 100
Severe facial disfigurement . . . . 100
Absolute deafness .. . . 100.

Loss of thumb . ‘. . . 30
Loss of one eye . . . . 40
Middle finger of left hand (whole) . . 14
(There are 54 items listed in the Schedule with percentage loss of earning capacity for each item
mentioned.)
2. Total Disablement [Section 2 (1) (l)]: It means such disablement, whether of a temporary
or permanent nature, as incapacitates a workman for all work which he was capable
of performing at the time of the accident resulting in such disablement. It refers to that
condition where a workman becomes unfit for every type of work and is not able to get job
anywhere due to that disablement.
Total disablement is deemed to result from every injury specified in Part I of Schedule I or from
any combination of injuries specified in Part II thereof where the aggregate percentage of the loss
of earning capacity, as specified in Part II against those injuries, amounts to 100 per cent or more.
Where an employee becomes unfit for a particular class of job but is fit for another class which is
offered to him by the employer, the workman is entitled to claim compensation only on the basis
of partial disablement and not total disablement

Task Find out the compensation to be paid when due and penalty for default.

Self Assessment

Fill in the blanks:
5. ................. means a Commissioner for Workmen’s Compensation appointed under Section
20.

6. From 1st April 1976, the limit of monthly wages for purposes of this Act was raised from
` 500 to .................
7. The general rule is that there must be the relationship of ................. between the employer
and the workman.

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