KAMLABAI KHARE Vs. RAJIV ACHARYA

JUDGEMENT

(1.) BY impugned order dated 14.6.2001 Commissioner for the workmen compensation -cum -Labour Court, Dewns (Labour Court for short) has dismissed the claim of the appellant for compensation.

(2.) THE appellant had claimed to be a workman employed in Shivam Textiles of which Rajiv Acharya (the respondent) has been the proprietor or employer. As per claim on 15.6.1997 appellant feeding was wool to the blue machine when her right hand was caught in the machine resulting in loss of her little finger and two pharynges of the ring finger with pulling off the skin from palm to elbow causing to her permanent disability and total loss of earning capacity. A claim for Rs. 2,00,000/ - as compensation and Rs. 2,500/ - for medical expenses had been submitted. The respondent had denied that the appellant had been workman employed in the unit and had sustained injury while working therein.

(3.) AS per Schedule I to the Act of 1923 loss of little finger meant 7% of loss of earning capacity while of two fellingam of ring finger meant 6% loss of earning capacity. Appellant had been about 30 years of age and thus, factor of 207.98 was applicable in her case under the schedule IV of the Act. Her monthly wages had been Rs. 750/ -. Thus, she is entitled to Rs. 750 207.98 13/100 = Rs. 20,278 = 05 or Rs. 20,300/ - plus Rs. 250/ - i.e. Rs. 22,800/ - (Rupees Twenty Two Thousand Eight Hundred Only) in lump -sum with interest @ 12% per annum since 15/7/1997 and 25% of penalty under Section 4 -A of the Act. Appeal is allowed to that extent.