K. SREEDHAR RAO, J. ( 1 ) THE following substantial question of law arises for consideration:"whether the assessment of the disability by the Workmen's Compensation commissioner at 80 per cent is bad in law and contrary to the statute?" ( 2 ) THE respondent is the employee of the appellant N. W. K. R. T. C. working as a driver. The respondent sustained grievous injuries in a motor vehicle accident in the course of employment. As a result, he suffered amputation of the right leg below knee. The medical opinion discloses 60 per cent disability. The Workmen's Compensation commissioner has taken the disability as 80 per cent. Whereas, the Schedule, to Workmen's Compensation Act, declares the disability as 50 per cent. The injury is the scheduled injury. Therefore, disability percentage stated in the Schedule should be taken into consideration and not any other evidence. ( 3 ) IN that view, calculating compensation at the rate of 80 per cent disability is bad in law and against the statutory provision. The income of the respondent is taken at Rs. 2,000 p. m. and 50 per cent of it works out to Rs. 600, which is to be multiplied by a relevant factor at the rate of 197. 06. The total compensation payable is Rs. 1,18,560 with interest at 12 per cent per annum from the date of accident till payment. ( 4 ) ACCORDINGLY, the question of law is answered. The appeal is allowed in part. The appellant has deposited the entire compensation amount. The claimants are entitled to compensation only to the extent of the liability assessed in this appeal. The respondent is entitled to the refund of the excess in deposit. Claimant-respondent can draw compensation amount directly from this court. Appeal partly allowed. --- *** --- .