UPPER DOAB SUGAR MILLS LTD Vs. DAULAT RAM

JUDGEMENT

(1.) This is an appeal under Section 30 Workmen's Compensation Act (Act 8 of 1923) against the order of the Commissioner of Labour awarding Rs. 50 per cent of Rs. 1,890 to Daulat Ram against the Upper Doab Sugar Mills, Ltd., Muzaffarnagar. The facts of the case are that Daulat Ram was employed as a blacksmith in the factory of the Sugar Mills and he lost the index and middle fingers of his right hand in an accident on 14 October 1934. The compensation was awarded by the Commissioner of Labour under Section 4 of the Act.

(2.) It was agreed between the parties that Rs. 45 were the emoluments of Daulat Ram fitter including all perquisites and it is clear that Rs. 1,890 would be the correct figure under Schedule 4 in the case of permanent total disablement. The percentage has now got to be worked out under the provisions of Schedule 1 as this is a case of permanent partial disablement. The case for the Mills is that as the employee has lost his index finger he is entitled to 10 per cent of Rs. 1,890 and as he has lost one other finger he is further entitled to another 5 per cent of Rs. 1,890. The contention is that Daulat Ram should have been awarded 15 per cent of Rs. 1,890 as compensation and the Commissioner of Labour has erred in awarding 50 per cent of Rs. 1,890. The latter percentage has obviously been arrived at on the finding that Daulat Ram has lost the use of the right hand. Now in Schedule 1 there is no provision for the loss of a hand, hand being commonly understood as the terminal part of the human arm beyond the wrist. In the schedule a provision is made for the loss of thumb and the loss of fingers. On the assumption therefore that Daulat Ram has lost the thumb as "well as all the fingers of the right hand the percentage has been correctly assessed by the Court below. The Court below refers to the evidence of the Civil Surgeon on the point which is as follows: His right index and middle fingers crushed completely while on duty...necessitating their amputation. His right hand has become permanently disabled and he is incapable of performing his duties of a blacksmith fitter with that hand.

(3.) The learned Commissioner of Labour then says: I have myself examined the injured hand and am satisfied that the Civil Surgeon's report is absolutely correct in its conclusions regarding the loss of the use of the right hand.