1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APPEAL NO.1597/2009. The National Insurance Co.Ltd. VERSUS Mukhtyarsing and Another. 13.04.2009. HON'BLE MR.JUSTICE DALIP SINGH Smt.Manju Jain, for the appellant. ***** Heard learned counsel for the appellant and perused the impugned award passed by the learned Workmen Compensation Commissioner. Admittedly, the claimant was the Driver and as a result of the accident, he lost one leg which was amputated. The learned Commissioner has come to the conclusion that despite the fact that disability certificate shows the disability as 60% but so far as for the purposes of the Act with reference to his capacity to earn, the disability has been assessed as 100% more particularly in view of the decision of the Hon'ble Supreme Court in the case of Pratap Narain Singh Deo Vs. Shrinivas Sabata and Another reported in 1976 ACJ 141 where total disablement has been discussed to mean disability whether temporary or permanent which has incapacitated the workmen of work which he was capable of performing prior to the time of accident. In the fact and circumstances, I find no reason to 2 interfere with the award passed by the learned Commissioner. Consequently, the appeal as well as the stay application stand dismissed summarily. (DALIP SINGH),J. Solanki DS, Jr.P.A.