1. This is an appeal from the order, dated 04.02.1999 passed by the Commissioner for Workmen's Compensation, Eluru in W.C.No.111 of 1997.

2. Pamarthi Subba Rao, the injured workman, who was the applicant before the Tribunal preferred the present appeal challenging the order passed therein on the ground though the permanent disability suffered by him on account of the injuries sustained in the accident occurred is 50% which is partial and permanent in nature according to the doctor-PW2, who treated him and issued disability certificate, the learned Commissioner ought to have considered the disablement as total (100%) since he was not capable of discharging the duties as a workman which he was discharging prior to the accident.

3. I have heard Sri N.Subba Rao, learned counsel appearing for the appellant and Smt M.Bhaskara Lakshmi, learned counsel appearing for the second respondent- insurance company.

4. In fact, learned single judge in this matter earlier made a reference to the Division Bench on the disputed question whether the appellant is entitled for compensation considering his disability as 100%. Though the injuries suffered by him in the accident are not the injurie