P.W.2 – Dr. M. Sivakumar, who has deposed that the claimant has sustained following injuries: Crush injury left index at TPX Finger, degloving, crush injury middle finger up-to middle phalanx, raw area of ring terminal phalanx level with exposed nail head and bone. He has also assess the disability of the claimant as 22% based on the old medical records, discharge summary and x-ray of the claimant, stating that there is no movement at MTP joint of all the four fingers and loss of sensations over the ring and little finger, and there is 70% reduction of the hand function of the claimant. On perusal of the Ex.P.7- Discharge summary, Ex.P.9- X-ray and Ex.P.10- Disability Certificate, this Court is of the view that the claimant/ workman has sustained injuries. In the cross examination of P.W.2-Doctor, he has deposed that the disability of the claimant is assessed based on the references in the National Disability Guide and he has denied the suggestion made that as per the schedule, the disability of the claimant would come around 6%. Ex.P.6 – Driving Licence of the claimant shows that the claimant is aged about 42 years at the time of accident. Based on the above observations, considering the age, avocation and nature of injuries sustained by the claimant, this Court is of the view that assessing the disability of the claimant to the extent of 22% would be proper.
