BHARAT EMERY WORKS Vs. COMMISSIONER WORKMENS COMPENSATION

JUDGEMENT

(1.) This appeal is at the instance of respondent No.1-employer calling in question the legality of the award dated 19.02.2009 in WCA/SR No.122/2005 passed by the learned Labour Officer and Commissioner for Workmen s Compensation, Sub Division II, Belgaum (for short the Commissioner ).

(2.) The brief facts are that claimant-Saleem Kutubuddin Mulla was working as emery worker in Bharat Emery Works (respondent No.1), which is a partnership firm with appellants 2 to 4 as partners. On 14.09.2004 while the claimant was working as per the instructions of his employer, his right hand got stuck in the machine and he suffered fractures of fingers and while he was being treated in KLE Hospital, Belgaum, his three fingers had to be amputated.

(3.) The only substantial question of law contended by the learned counsel appearing for the appellant is that as per Part-II of Schedule-I of the Employee s Compensation Act, 1923, (for short the Act ) for loss of three fingers of one hand, the loss of earning capacity should be taken at 30% and the learned Commissioner having determined the loss of earning capacity at 100%, has violated the norm fixed by the statute itself and, therefore, it is illegal.