SURESH Vs. NIDISH TRADING COMPANY

JUDGEMENT

(1.) The appellant was employed as a cleaner in a lorry which met with an accident on 6-12-1998. He applied to the Commissioner under the Workmen's Compensation Act, 1923, hereinafter referred to as "W.C. Act" claiming compensation under Section 22 of that Act. The Commissioner held that the applicant has 5% loss of earning capacity and passed the impugned order.

(2.) That the accident arose out of the use of a motor vehicle is not in dispute. The fact that the workman suffered the injury referable to the entry at Sl. No. 37 in Part II of Schedule I of the W.C. Act, is also not disputed. Ext.A6 disability certificate, issued by a specialist in Orthopaedics, shows that the appellant workman had traumatic amputation of the right little finger through distal interphalangeal joint and has permanent partial disability of 6%.

(3.) On the basis of the aforesaid facts, the short but substantial question of law raised in this appeal is as to whether the appellant was entitled to the benefit of Section 140 of the Motor Vehicles Act, 1988, hereinafter referred to as the "M.V. Act" and therefore entitled to compensation for permanent disablement in terms of that provision