(1.) Despite the non appearance of respondent and counsel in this case we had occasion to hear both sides of the case as counsel Mr. V. Rama Shenoi appearing for the appellant fairly placed all aspects of the case before us in this appeal. The Workmens' Compensation Commissioner, Ernakulam has awarded the respondent compensation of a sum of Rs. 3780 for partial disablement suffered by him as a result of an injury caused in the course of his employment. The appellant is the Superintendent of Pullikanam Estate at Peermade and the respondent was a workman in that estate. On 31st May 1977 while the respondent was pruning the tea bushes an injury was caused to his left index finger. One phalanx of the left index finger was cut off. Injuries were sustained by the middle and ring fingers by which according to the respondent those fingers were incapacitated so that no work could be done with the use of those fingers. Based on the monthly wages at Rs. 143.52, 20 per cent for permanent partial disablement was claimed. That was allowed and consequently a sum of Rs. 3780 was awarded as compensation. That is the subject of this appeal.
(2.) There is the medical certificate issued by the doctor who treated the respondent workman. That showed that one phalanx of the left index finger had been cut off and there were injuries to the other two fingers. Further the certificate mentioned that a total permanent disability of 20 per cent according to the Workmen's Compensation Act had resulted from the accident. The doctor who issued the certificate was not examined.
(3.) It may be noticed that there was no dispute as to the nature of the injury suffered by the respondent. The written statement filed by the appellant categorically admitted the loss of the phalanx of the index finger and the injuries to the other fingers. It further categorically admitted that because of such injury the workman would not be able to carry on the work which he was attending to at that time. But alternative work was offered for the workman. Whether this is sufficient answer is one of the questions that we will have to consider.