Pratap Narain Singh Deo vs Srinivas Sabata And Anr on 4 December, 1975
5. Loss of earning capacity is different from physical disability
and as held by a five member Bench of the Apex Court in Pratap
Narain Singh Deo v. Shrinivas Sabata and another (AIR 976
SC 222 = (1976) 1 SCC 289) compensation has to be awarded not
with reference to loss of physical capacity, but, with reference to the
loss of 'earning capacity' which is to be assessed with reference to
the nature of job the workman was doing. In the above case, a
carpenter, whose left hand from elbow was amputated, was
granted compensation for 100% loss of earning capacity as it has
the effect of total disablement as defined under Section 4(1)(c) (ii)
of the Workmen's compensation Act.