ORDER :

Leave granted.

1. The appellant was an employee of the second respondent. He was doing the job of driving an auto-rickshaw used as a goods carrier. On 18th February 2009, while the appellant was driving the vehicle, he suddenly noticed a pothole on the road. Therefore, he applied brakes. As a result, the vehicle went out of control, and it overturned. The appellant sustained severe injuries. The vehicle was insured with the first respondent company.

2. The appellant filed a claim under the Workmen's Compensation Act 1983, now titled as the Employees Compensation Act 1923 (for short, "the said Act"). The claim was filed on the footing that due to amputation of his right upper limb above the wrist joint, he has completely lost the capacity to drive a vehicle. He contended that he had suffered total disablement due to the said injury. The learned Commissioner for Workmen's Compensation allowed the petition by upholding the said contention. The learned Commissioner held that due to amputation of the right upper limb, he has rendered himself unfit for driving a vehicle and, therefore, the appellant has suffered total disablement.

3. The first respondent preferred an appeal before th