Agent, East Indian Railway vs Maurice Cecil Ryan on 6 May, 1937
In cases of permanent partial disablement, what the Commissioner has to find for the purpose of assessing compensation is the fact as to whether the earning capacity of the injured workman has been reduced in every employment, which he was "capable of under taking at the time of the accident and not merely in the particular job in which he was employed at that time. In the present case, all that has been established on the record is that the appellant was discharged, from service and he was declared to be unfit for duty and his permanent disability was recorded as 20 per cent by the Doctor. On these facts, the loss of earning capacity permanently caused by the injury cannot be settled. The view that, I have taken is supported by a Division Bench consisting of Derbyshire, C. J. and B.K. Mukherjee, J., in Agent, East Indian Railway v. Maoris Cecil Ryan, AIR 1937 Cal 526, where it was held thus--