LAWS(APH)-2000-6-64

NEW INDIA ASSURANCE CO LTD Vs. NARSIMLOO

Decided On June 29, 2000
NEW INDIA ASSURANCE CO.LTD Appellant
V/S
NARSIMLOO Respondents

JUDGEMENT

(1.) This appeal is filed by the New India Assurance Co. Ltd., Nizamabad, against the award passed in W.C. No. A/1166/1990, dated 10.7.1992, wherein the Commissioner has awarded Rs. 94,464 to the respondent No. 1 towards compensation for loss of his index finger and fracture to other finger.

(2.) 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.

(3.) Brief facts of the case are that the claimant Narsimloo was the employee of the respondent No. 2, Lakshmi Tube Well. He was working as Driller on the rig borewell to drill rig bores. The said rig was mounted on lorry bearing No. API 9111. On 3.1.1990 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.