New India Assurance Co. Ltd. vs Narsimloo and Another

E. Dharma Rao, J.—This appeal is filed by the New India Assurance Co. Ltd., Nizamabad, against the award passed in W.C.No. A/1166/90, dated July 10, 1992, wherein the Commissioner has awarded Rs. 94,464/- to the 1st respondent towards compensation for loss of his left index finger and fracture to other finger.

The main ground raised by the appellant is that according to the Schedule to the Workmen''s Compensation Act, even for amputation of one finger, the disability is 14 per cent. Therefore, the disability of 45 per cent as certified by the treating Doctor is contrary to law. The Doctor, who examined the claimant, should have certified the loss of earning capacity. In the present case, the Doctor has not certified the loss of earning capacity of the claimant. On these grounds, the award is liable to be set aside.

Brief facts of the case are that the claimant Narsimloo was the employee of the 2nd respondent-Lakshmi Tube Well. He was working as Driller on the rig bore-well to drill rig bores. The said rig was mounted on lorry bearing No. APJ 9111. On January 3, 1990 when the claimant was working on the rig machine at Sangam, Bodhan Mandal, Nizamabad District, he received injury, severing his left index finger and received fracture injury to other finger. Due to these injuries, he was permanently disabled and became unfit to work as Driller. At the time of the accident he was 26 years. Therefore, he claimed a compensation of Rs. 1,00,000/-.

The Insurance Company and the 2nd respondent filed their counters. The 2nd respondent denied that the claimant was earning Rs. 900/- per month, but admitted that they were paying Rs. 850/- per month.

The claimant has produced Exs. A-1 to A-3, medical certificate etc., in support of his claim. After examining the claimant and the Doctor, who issued the permanent disability certificate showing that due to the injuries received the claimant has suffered disability at 45 per cent, the Commissioner has fixed the disability at 45 per cent. He awarded compensation of Rs. 94,464/- taking half of the monthly income of Rs. 900/- of the claimant and applying the multiplier u/s 4(b) read with Schedule IV of the Workmen''s Compensation Act, 1984.

Learned Counsel for the appellant has contended that disability for loss of one finger is 14 per cent. The Doctor should be insisted to state loss of earning capacity of the claimant. But, in this case, the Doctor has not indicated the loss of earning capacity. Learned Counsel has relied on the judgment of this Court in New India Assurance Co. Ltd. v. Sammayya 1998 III LLJ 1006.

To appreciate the contentions raised by the learned counsel for the appellant, I have gone through the order of the Commissioner and the Workmen''s Compensation Act. The Doctor who has issued the disability certificate, has not treated the claimant. The accident had occurred on January 3, 1990 and the certificate was issued on September 25, 1971, that is more than one year after the occurrence of the accident. The Doctor has not stated that the claimant has no capacity to earn any income. As prescribed by Part II of Schedule I of the Act, disability lor loss of left index finger is 14 per cent and for fracture to other finger is 12 per cent. So, the total disability comes to 26 per cent. Therefore, the claimant is entitled to Rs. 24,550/-. It is submitted by the learned counsel for the appellant that the Insurance Company has already deposited an amount of Rs. 47,232/-. If this amount has been passed on to the claimant, the balance amount that is to say Rs. 47,232/- (-) Rs. 24,550/-. need not be recovered from the claimant. The appeal is thus disposed of.