DILIP DAS Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) This is a miscellaneous appeal by claimant victim against the judgment and award passed in a motor accidents claim case on an application under section 166 of the Motor Vehicles Act, 1988. The victim suffered injury on his person causing permanent partial disablement.

(2.) In this appeal the quantum of compensation as awarded by Claims Tribunal has been challenged by claimant-appellant on the ground that such determination has been made much on the lower side.

(3.) Evidently, the claimant victim was treated in the Calcutta Medical College for the injuries suffered by him. From the discharge certificate as issued by the Calcutta Medical College it appears that the victim suffered injuries in three fingers in the right hand. While the victim has deposed in the claim case by saying that because of such injury he is not at all in a position to work with his hands, the medical certificate issued by a doctor who did not treat him shows that he has suffered permanent partial disability to the extent of 60 per cent only. Undoubtedly, the victim is a washerman by profession. If his evidence is to be relied upon, then the certificate of the doctor cannot be relied upon. There being such discrepancy in between the deposition of the claimant victim and the certificate of the doctor, we are of the view that for safer guidance the Schedule I to the Workmen's Compensation Act, 1923, should be taken into account for the purpose of determining the percentage of loss of earning capacity in view of injuries suffered by the victim. It is not in dispute that the three fingers of the right hand of the victim have been affected by such injury in the said accident. Serial No. 8 under Part-I to the Schedule I of the said Workmen's Compensation Act, 1923 speaks of 30 per cent loss of earning capacity in case of loss of three fingers of one hand. In this case though the claimant victim has not lost totally three fingers of his right hand but taking the case as an extreme one of loss of three fingers of one hand, claimant victim under no circumstances would be entitled to a compensation for loss of his earning capacity for more than 30 per cent.