The appellant lost his left eye and made a claim as having lost his complete vision in that eye but medically it was assessed that loss of vision was only 80%.

The Workmens Compensation Court on an application being made to it by the appellant assessed the compensation payable to him as 100% under Schedule I, Part I at Item No. 4. On an appeal to the High Court the compensation, which was fixed at 100% was reduced to 30% relying upon the provisions under Item No. 26 of Part-II of the Schedule I of the Act.

The contention putforth before this Court is that the reduction made by the High Court is improper. The learned counsel for the appellant relied upon a decision of this Court in Pratap Narain Singh Deo v. Srinivas Sabata and Another, 1975 SC 166 : 1976-I-LLJ-235 wherein the case of amputation of left arm from the elbow causing total disablement to perform the work of Carpenter was discussed and contended in the present case that there is a loss of one eye and the earning capacity of the appellant has been reduced from what he was capable of earning at the time of the accident, as a result of disablement. Learned counsel for the respondent refuted this contention and submitted that as the appellant himself has been claiming that he was fit for work and his evidence discloses the same and in the circumstances the views taken by the Commissioner, Workmens Compensation is incorrect and that of the High Court is justified. The decision in Pratap Narain Singh Deo v. Srinivas Sabata and Another, (supra), turned on its own facts, therefore, the principles therein cannot be extended to the present case.

Having gone through the papers and having heard learned counsel on both the sides, we are of the opinion that we should not be unduly fettered by the principles stated either in the Act or (sic) made in the course of the proceedings in this case and on overall assessment of the matter, we think that out of Rs. 1, 97, 000/- deposited in the High Court towards compensation and penalty, which has been withdrawn by the appellant, a sum of Rs. 1, 00, 000/- shall be retained by the appellant while a balance of Rs. 97, 000/- shall be refunded to the respondent in six months from today. It is open to the appellant to pay that amount of Rs. 97, 000/- in different instalments if he so chooses. The appeal is disposed of accordingly modifying the order made by the Commissioner, Workmens Compensation and that of the High Court.