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Loss of one eye without complication, the other being normal, is considered as what kind of injury under Schedule I of the Employees' Compensation Act
Question

Loss of one eye without complication, the other being normal, is considered as what kind of injury under Schedule I of the Employees' Compensation Act, 1923?

A.

Permanent total disablement

B.

Permanent partial disablement

C.

Temporary partial disablement

D.

Will be decided based on medical examination

Correct option is B

The correct answer is: (b) Permanent partial disablement

Explanation

According to Section 2(1)(g) of the Act, every injury specified in Part II of Schedule I is deemed to result in permanent partial disablement. Specifically:

  • Item 25 of Schedule I, Part II explicitly lists: "Loss of one eye, without complications, the other being normal."
  • The Act assigns a fixed 40% loss of earning capacity to this specific injury.
  • Because the injury is lifelong (permanent) but only reduces the worker's ability to earn in every employment (rather than completely incapacitating them for all work), it is classified as "partial."

Information Booster:

The Employees' Compensation Act, 1923 (formerly known as the Workmen's Compensation Act) uses a structured schedule to determine compensation without requiring complex medical litigation for every case.

  • Schedule I, Part I: Lists injuries that result in 100% loss of earning capacity (Permanent Total Disablement), such as the loss of both hands or the loss of sight in both eyes.
  • Schedule I, Part II: Lists injuries that result in a fixed percentage of loss of earning capacity (Permanent Partial Disablement), ranging from 1% to 90%.
  • Deemed Disablement: The term "deemed" means the law assumes the loss of earning capacity listed in the schedule is final, regardless of whether the worker can actually perform their specific previous job or not.

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