( 1 ) APPELLANT was a driver of U. P. State Road Transport Corporation. He met with an accident on 16. 12. 1978 and received injuries. Due to the injuries, his one leg was amputated. Therefore, he claimed compensation before Workmens compensation Commissioner, Moradabad under the provisions of Workmens Compensation Act. The learned Commissioner has rejected the request for awarding compensation by impugned judgment dated 18. 2. 1982 for the reason that the appellant is still in service and is getting the same pay and, therefore, there is no loss of earning capacity. Aggrieved by it, the present appeal has been preferred.

( 2 ) I have heard Mr. V. K. Nagaich, the learned counsel for the appellant and Mr. Sameer Sharma, learned counsel for the respondent and have perused the record.

( 3 ) THE facts of the case are not denied. Due to the accident, the appellant received injuries and ultimately his one leg was amputated. However, he remained in service of the respondent thereafter and was getting the same pay.

( 4 ) LEARNED counsel for the appellant has referred to the provisions of section 2 (1) (g), which reads as follows:" partial disablement means, where the disable