1 THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APPEAL NO.1682/2006. National Insurance Company Ltd. VERSUS Ram Gopal Sharma & Another. 25.04.2008. HON'BLE MR.JUSTICE DALIP SINGH Mr.V.P.Mathur, for the appellant. Mr.Kamal Gupta on behalf of Mr.Mahesh Gupta, for the respondents. ***** Heard learned counsel for the parties. This appeal has been preferred against the award passed by the learned Workmen Compensation Commissioner dated 21.02.2006. The claimant was a driver who was injured in a road accident who received the injuries, as mentioned in the Injury Report (Exhibit-A/4) and was issued the disability certificate (Exhibit-A/5) in which the Medical Officers after examining the claimant certified that he suffers from 12.92% disability. As per the certificate it was certified that the claimants have “suffered difficulties in daily activities of living and driving”. Having regard to the nature of the work, since the claimant was driver, the learned Commissioner for the purposes of computation of compensation considered the disability as 50%. In the facts and circumstances, therefore, I am not inclined to interfere with the award 2 passed by the learned Commissioner in view of the judgment in the case of Pratap Narain Singh Deo Vs. Shrinivas Sabata and Another reported in 1976 ACJ 141 of the Hon'ble Apex Court in which while taking note of the definition of “total disablement” in Section 2(l) of the Workmen's Compensation Act, 1923 that the injuries which have been received by the claimants are such which would impair and make them incapable to perform the work which they were performing at the time of accident which has resulted in the disablement. Today there being no dearth of physically fit and qualified drivers available, no employer would like to employ a driver who suffers from a handicap and/or a disability and unable to give his utmost and hundred percent. Given the choice of which there is no dearth, the employer would much rather employ a person who is capable of giving his hundred percent rather than employing a person who suffers from disability or handicap and cannot perform hundred percent. Such a driver will undoubtedly have great difficulty in finding work and these truths cannot be lost site of. In that view of the matter, the court would not shut its eyes to these realities. Looking to the nature of the employment in which the claimant was engaged at the time of the accident which resulted in his disability and which has impaired his functioning, I find no error in the award passed by the learned Commissioner assessing the disability as 50% for computation of compensation. 3 Consequently, the appeal stands dismissed summarily. (DALIP SINGH),J. Solanki DS, Jr.P.A.