B.N.Sapru, J. - (1.) This is an appeal under Section 30 of the Workmen's. Compensation Act by Messrs. Bharat Heavy Plates and Vessels Ltd., Mathura Refinery Project, Mathura.
(2.) Sri. K.S. Rajan, respondent No. 2, was employed as a Beldar in the factory of the appellant through a contractor. On 15th July, 1978, an accident took place, as a result of which he sustained serious injuries. He filed a claim petition claiming compensation under the Workmen's Compensation Act. The Chief Medical Officer, Mathura, was directed to examine him. The Chief Medical Officer gave his certificate which runs as follows: Office of the Chief Medical Officer, Mathura L.No.M.3/76 Date:3-11-78 Sri Jagmohan Lal Upadhya, Labour Inspector. With reference to endorsement of Sri Jagmohan Lal Upadhya, Labour Inspector dated 27th October, 1978, on the certificate of Dr.W. Thams Methodist Hospital, Mathura, in respect of Sri K.S. Rajan aged 28 years, I examined Sri K.S. Rajan, whose signature taken in my presence appears below, on 3rd November, 1978. Sri K.S. Rajan suffered from old fracture of left wrist and injury of ring finger of left hand. As a consequence of his injury he has developed irreversible fibrosis of left hand palm deformity of Meta Carpophalyngeal joint of ring finger of left hand. His left hand and four fingers of left hand have become functionless (except little finger) and disabled. The deformity according to the Workmen's Compensation Act, 1923, part 2, Section 7, is estimated at 50%. M.I. One mole on forehead in the midline 2 cms. above the mid-eyebrow point. Sd. K.K. Khanna Chief Medical Officer, Mathura. Sd. K.S. Rajan, Signature of Sri K.S. Rajan attested. Sd. K.K. Khanna Chief Medical Officer Mathura.
(3.) Sri K.S. Rajan appeared in witness box and he stated that he had lost the use of his fingers,;