( 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 earni