Saurabh is working in an Iron and Steel Factory. Due to the nature of his job, he has to deal with the hot iron (in semi liquid position) and due to continuous operations in this area, he was gradually loosing the vision

The Employees' Compensation Act, 1923, does not define the word disablement, but, it defines the partial and total disablement. The Act has classified disablement into two categories, viz. Partial disablement, and Total disablement. (i) Partial disablement: Partial disablement can be classified as temporary partial disablement and permanent partial disablement. a) Where the disablement is of a temporary nature: Such disablement as reduces the earning capacity of an employee in the employment in which he was engaged at the time of the accident resulting in the disablement; and b) Where the disablement is of a permanent nature: Such disablement as reduces for all time his earning capacity in every employment which he was capable of undertaking at the time. [Section 2(1)(9)]. But every injury specified in Part II of Schedule -I shall be deemed to result in permanent partial disablement. (ii) Schedule I contains list of injuries deemed to result in Permanent Total/Partial disablement. Temporary partial disablement: In case of temporary partial disablement, the disablement results in reduction of earning capacity in respect of only that employment in which he was engaged at the time of accident. This means the employee's earning capacity in relation to other employment is not affected. Permanent partial disablement: But in case of permanent partial disablement, the disablement results in reduction in his earning capacity in not only the employment in which he was engaged at the time of accident but in all other employments. After reading the partial or total disablement as defined under the Act one may presume that disablement is loss of earning capacity by an injury which depending upon the nature of injury and percentage of loss of earning capacity will be partial or total. Whether the disablement is temporary or permanent and whether it results in reduction of earning capacity, the answer will depend upon the fact of each case, except when the injury is clearly included in Part II of Schedule I of the Employees' Compensation Act, 1923. In the given case, four fingers of one hand is the loss, which is mentioned in Part II of Schedule I which means it is Permanent partial Disablement, hence Saurabh can claim compensation from his employer.