IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 30.01.2009. S.B. CIVIL MISC. APPEAL NO.427/2009 National Insurance Company Ltd. Vs. Jagdish Prasad & Anr. HON'BLE MR. JUSTICE DALIP SINGH Shri Deepak Goyal, for the appellant. Heard learned counsel for the appellant. Perused the impugned passed by the learned Commissioner. Learned counsel for the appellant has submitted that the learned Commissioner has committed an error in holding the disability of the claimant to be 100% whereas the Medical Board had held that the disability is only 50%. I have heard learned counsel for the appellant and perused the order passed by the learned Commissioner. It is not in dispute, as has been held by the learned Commissioner, that there is an amputation of the right leg near the knee and there was also fracture of the left leg of the claimant injured in the accident. The claimant was a Driver and it is not in dispute that as a result of the injury suffered in the accident during the course of his employment he is now in capacitated from performing the work which he was performing at the time of the accident. As has been held by the Hon'ble Supreme Court in the case of Pratap Narain Singh Deo Vs. Shriniwash Sabata & Anr. reported in ACJ (SC) 1976 page 141 if the injury results in total incapacitation to perform the work which the workman was performing it amounts to total disablement. The view taken by the learned Commissioner is in confirmity with the view expressed by the Hon'ble Supreme Court in the case referred to above where the expression total disablement has been considered and decided. In the facts and circumstances I find no good ground to interfere with the impugned order, the appeal as well as the stay application are accordingly dismissed. (DALIP SINGH),J. Ramchandrkhatri,PS