Workman's Compensation Act 1923 SHD 1, Item (viii) and Section 30 Partial Permanent Investigation Compensation The right, hand-injured one finger has been partially cut and 2 fingers badly damaged 3 fingers of one hand. Loss of income equals 30% of loss of income potential by the Commissioner, in the circumstances, though not realistic but in accordance with the law
Appeal No. WCK‑12 of 1982, heard on 16th November, 1982.
Workmen's Compensation Act (VIII of 1923)‑--
--‑‑Schd. 1, item (viii) & S. 30‑Partial permanent inquiry‑Compen sation‑Right , hand injured‑One finger partially amputated and 2 finger badly damaged‑Loss of 3 fingers of one hand‑Compensation equal to thirty per cent. of loss of earning capacity allowed by Com missioner, in circumstances, held, though not realistic but in accordance with law.
S. 14 I. Kohistani for Appellant.
Date of hearing : 16th November, 1982.
DECISION
The sole issue which has been convassed by Mr. Kohistani in this appeal under section 30 of the Workmen's Compensation Act, 1923, is whether the appellant is not entitled to compensation of fifty per cent. of loss of earning capacity and whether the learned Commis sioner, Workmen's Compensation, has not erred in awarding the appellant only thirty her cent. compensation when the doctor who had issued the "A" form to the appellant had certified compensation to the extent of fifty per cent of loss of earning capacity. .
2. It is not ‑now a disputed issue that the appellant sustained personal injuries on 14th October, 1980, arising out of and in the Course of his employment with the respondent No. 2. In respect of the said injuries Dr. Nayar Iqbal had issued an ‑A" form certifying partial permanent injury entitling the appellant to compensation equal to fifty per cent of loss of earning capacity. The learned doctor was examined before the learned Commissioner. He stated that the appel lant was never under his treatment and that when he issued "A" form to the appellant, his injuries had healed up. The doctor further stated that the appellant was unable to work with his right hand. Since the certificate issued by the Jinnah Post‑Graduate Medical College indicated injuries to three fingers of the right hand of the appellant and even the "A" form issued by Dr. Nayar Iqbal stated that there was amputation (partial) to two of the fingers of the right hand of the appellant, I sent for the appellant to see him. I have found that there is partial amputation of the middle finger and substantial damage to the ring and index fingers but the little finger appears to be all right and the thumb is undamaged. The appellant would have bee entitled to compensation equal to fifty per cent. loss of earning capacity if he had unfortunately lost four fingers of one hand but as pointed out above only one finger has been partially amputated and two other fingers are badly damaged. As such the case of the appellant would be covered by item (viii) of Schedule I to the Workmen's Compensation Act, namely loss of three fingers of one hand. For this injury the compensation provided is thirty per. cent., which is the com pensation which has been awarded by the learned Commissioner. I feel that this compensation is not realistic looking to the fact that it is the right hand of the appellant which has been damaged, but since the Legislature has prescribed such compensation, this Tribunal can do nothing further in the matter. .
3. For the reasons discussed by me above, I would dismiss the appeal in limine.
Appeal dismissed
