IN THE HIGH COURT OF JUDICATURE FOR RAJASHAN AT JAIPUR BENCH, JAIPUR. ORDER 14.11.2008. S.B. CIVIL MISC. APPEAL NO.4572/2008 The New India Assurance Company Ltd. Vs. Mool Singh & Ors. HON'BLE MR. JUSTICE DALIP SINGH Shri Ram Singh Rathore, for the appellant. Heard learned counsel for the appellant and perused the impugned award passed by the Workmen Compensation Commissioner who as a result of the injuries sustained by the claimant which includes amputation of the palm and two fingers and which are proved from the evidence produced by the claimant by way of the discharge ticket, the prescriptions issued by the Doctor from time to time and the disability certificate. The Commissioner has awarded compensation taking the disability as 100%. The submission of the learned counsel for the appellant is that even as per the disability certificate the disability is only 27% and therefore the learned Commissioner has erred in assessing the disability as 100%. I have heard learned counsel for the appellant and perused the impugned judgment passed by the learned Commissioner. The injured claimant used to work on the drilling rig for sinking wells and putting the pipes and as a result of the injury as held by the learned Commissioner he has become unfit for doing the work for which he was employed at the time of the accident. The learned Commissioner had relied upon the judgment of the Hon'ble Supreme Court in the case of Prataap Narain Singh Deo Vs. Sriniwash Sabata and another reported in 1976 ACJ 141 wherein para 5 their Lordships upheld the decision of the learned Commissioner who had adjudged the disability of the injured claimant in that case as 100% after considering the nature of the work i.e. carpentary which he was performing prior to the accident which he became incapable of as a result of the injury in which his arm was amputated. In the facts and circumstances of the present case I am of the view that the award passed by the learned Commissioner taking the disability as 100% does not call for any interference as it is based upon then principle laid down in Pratap Narain Singh Deo's case. No substantial question of law arise in the present appeal. This appeal as well as the stay application are dismissed summarily. (DALIP SINGH),J. Ramchandrkhatri,PS