NATIONAL INSURANCE CO LTD Vs. SATISH

JUDGEMENT

(1.) -THIS appeal is filed against the judgment of the Commissioner under Workmen's Compensation Act, 1923 dated 24. 12. 2004. By virtue of the impugned judgment, respondent has been granted compensation to the tune of Rs. 5,08,296 for his having sustained injuries in a road accident which resulted in the restricted movement of his thumb and the left index finger to the extent of 40-50 per cent. The liability for the payment of the amount so awarded has been fastened on the appellant, namely, National Insurance Co. Ltd.

(2.) FEELING aggrieved from the said order, the insurance company has preferred the present appeal. Notice of the appeal was sent to the respondent who despite service has chosen not to appear.

(3.) LEARNED counsel for the insurance company has not disputed the factum of the accident. What has been disputed is the quantum of compensation awarded to the respondent. A perusal of the impugned judgment shows that the learned commissioner has relied upon a medical certificate dated 12. 12. 2004 produced by the respondent wherein the disability suffered by the respondent has been assessed at 40-50 per cent on account of restricted movement of thumb and left index finger and on the basis of the same, has held that in view of the injuries sustained by him, the respondent who was working as a loader at the time of the accident has become incapable of doing any work and has lost 100 per cent capacity to work. This finding of the commissioner is being challenged on the ground that the medical certificate produced by the respondent and relied upon by the Commissioner is unworthy of reliance as it was not issued by an orthopaedic doctor and in any case the doctor who issued the certificate was not competent to assess the percentage of injuries as he did. According to the counsel, at best the doctor who issued the certificate could indicate the nature of injuries sustained by the respondent and as regard the percentage of disability, the respondent should have got the same assessed from the experts in the field. This having not been done, the medical certificate ought not to have been relied upon at least for the purpose of assessing the percentage of disability suffered by the injured.