SOUMITRA SEN, J. - (1.) The petitioner has challenged the judgment and order dated October 23, passed by the Employees' State Insurance Corporation. By the said impugned order the learned Court below has assessed the loss of earning capacity to 30%.
(2.) The petitioner contends that in accordance with the Second Schedule Part II Item 10 there has been a complete and permanent loss of the use of his right hand and therefore, he is entitled to be compensated assessing his loss of earning capacity as 60%.
(3.) The petitioner was employed under a contractor deployed in the factory of Hindustan Motors Ltd. On June 17, 1999 while working in the factory the petitioner suffered injury on his right hand. As a result his right hand upto elbow was crushed. Thereafter the petitioner went through extensive medical treatment but his hand was permanently disabled. A Medical Board was formed to assess his disablement. The said Board assessed such disablement at 20% whereas a private Doctor assessed his loss of earning capacity as 60%.;