( 1 ) HEARD the arguments of the learned counsel for the parties. The only controversy raised in the present matter is if a driver is not capable of driving the vehicle, whether it should be considered 100 per cent loss of earning capacity. The learned counsel for the appellant has referred the judgment given in the case of Oriental Insurance Co. Ltd. v. Kashim, 1996 ACJ 928 (Karnataka ). In that case the doctor has assessed the loss of earning capacity at 100 per cent and the commissioner has assessed the loss of earning capacity at 100 per cent which was upheld by this court. Learned counsel for the respondent has pointed out that the permanent total disability has been defined under section 2 (1) (1) as under:" 'total disablement' means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement: provided that permanent total disablement shall be deemed to result from every injury specified in Part I of schedule I or from any combination of injuries specified in Part II thereof where the aggregate percentage of the loss of earning capacity, as specified in the said Part II against those injuries, amounts to one hundred per cent or more;"partial disablement is defined under section 2 (1) (g):" 'partial disablement' means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the disablement, and, where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time: provided that every injury specified in part II of Schedule I shall be deemed to result in permanent partial disablement. "

( 2 ) FROM the perusal of the above provisions of section 2 (1) (1) it is clear that there is deeming provision for total disability where the workman was incapable of doing all the works which he was capable of doing at the time of the accident resulting from such disablement. In the definition of partial disablement as pro- vided under section 2 (1) (g) the proviso provides that every injury specified in schedule I, Part II, shall be deemed as permanent partial disablement. Section 2 (1) (1) refers to incapacity which the workman was capable of performing at the time of the accident while under section 2 (1) (g) it is only reduction of earning capacity. Total or partial dis- ablement can be temporary or permanent.

( 3 ) IN case of total disablement, loss of earning capacity is 100 per cent while in the case of injuries resulting in permanent partial disablement different percentage has been given in the Schedule. The percentage of loss of earning capacity in the present case is fixed by the statute itself. Compensation is to be given on the percentage given for loss of earning capacity. In case of partial permanent disablement even if the worker is not capable of performing that duty which he was performing at the time of accident such partial disablement cannot be considered total disablement unless the injuries result in loss of earning capacity of 100 per cent or more than 100 per cent in aggregate as provided in Part II of Schedule I.

( 4 ) SECTION 4 provides for amount of compensation. Under section 4 (1) (c), where the permanent partial disablement results from the injury: (1) in the case of injury specified in part II of Schedule I, such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that injury, is to be paid; (2) in the case of injury not specified in schedule I, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as ass