- (1.) This first miscellaneous appeal is directed against the Judgment and/or Award passed by the Learned Commissioner, Workmen's Compensation, 1st Court, West Bengal in Claim Case No. 29 of 1999 at the instance of the claimant/appellant. The claimant/appellant was a workman under the respondent No. 2, a Contractor under the respondent No. 1. During the relevant period the workman sustained an accidental injury due to negligence of one of his colleagues causing amputation of four fingers of his right hand except the thumb. Such accident occurred on 10th March, 1998. He was admitted in the Nursing Home where four fingers of his right hand were amputated. The Doctor certified his permanent partial disablement to the extent of 60%. The Medical Certificate of the attending Doctor was admitted in evidence as exhibit 10.
(2.) Considering the earning of the workman and his age at the time of accident, the Learned Commissioner held that he was entitled to get a sum of Rs. 1,19,723/- (Rupees one lakh Nineteen thousand seven hundred and twenty three only) as compensation for his 50% loss of earning capacity. While assessing such compensation, the Learned Commissioner held that the workman used to earn a sum of Rs. 60/- per day as his wages and he was 21 years old on the date of such accident.
(3.) The Learned Commissioner further held that the applicant suffered from permanent partial disablement and he lost his earning capacity to the extent of 50% as per Item No. 7, Part-II of Schedule I of the Workmen's Compensation Act, 1923.;