JUDGMENT
Thottathil B. Radhakrishnan, J.
1. The appellant was employed as a cleaner in a lorry which met with an accident on 6-12-1998. He applied to the Commissioner under the Workmen’s Compensation Act, 1923, hereinafter referred to as “W.C. Act” claiming compensation under Section 22 of that Act. The Commissioner held that the applicant has 5% loss of earning capacity and passed the impugned order.
2. That the accident arose out of the use of a motor vehicle is not in dispute. The fact that the workman suffered the injury referable to the entry at Sl. No. 37 in Part II of Schedule I of the W.C. Act, is also not disputed. Ext.A6 disability certificate, issued by a specialist in Orthopaedics, shows that the appellant workman had traumatic amputation of the right little finger through distal interphalangeal joint and has permanent partial disability of 6%.
3. On the basis of the aforesaid facts, the short but substantial question of law raised in this appeal is as to whether the appellant was entitled to the benefit of Section 140 of the Motor Vehicles Act, 1988, hereinafter referred to as the “M.V. Act” and therefore entitled to compensation for permanent disablement in terms of that provision?
4. Chapter X of the M.V. Act, comprising of Sections 140 to 144, deals with liability, without fault, in certain cases. Section 144 provides for over riding effect or Chapter X of the M.V. Act over any other provisions of that Act or any other liability for the time being in force. Section 143 lays down that the provisions of that Chapter shall also apply in relation to any claims under W.C. Act. By virtue of this section in the M.V. Act, the provisions of Chapter X of that Act gets incorporated, by reference, into the W.C. Act.
5. Section 140 of the M.V. Act provides for liability to pay compensation for death or permanent disablement, on the principle of no fault. Section 142 provides that the injuries of the nature enumerated in Cls.(a) to (c) thereof shall be deemed to have resulted in permanent disablement. In view of Section 143 of the M.V. Act, to apply Section 140 of that Act to cases falling under the W.C. Act, all that is necessary is that the situation should be one that it would fall under the provisions of Section 142 of the M.V. Act.
6. Section 142 of the M.V. Act enumerates the types of injuries, which are deemed to result in permanent disablement for the purpose of Section 140 of that Act. Schedule I of the W.C. Act is made with reference to the definition of the term “total disablement” contained in Section 2(1) of the W.C. Act and Section 4 of that Act which provides the modality of determination of the amount of compensation. Those enumerated in Part II of Schedule I of W.C. Act are indisputably permanent disablements, though they may be partial. So much so, Section 140 of the M.V. Act applies to any claim for compensation in respect of permanent disablement under the W.C. Act provided, the disablement is one that would fall within the term “permanent disablement”, as defined in Section 142 of the M.V. Act.
7. Now, on to the facts of this case. Loss of one phalanx of the ring or little finger, little finger in this case, is an injury which is deemed to result in permanent partial disablement, going by the entry at Sl. No. 37 under Part II of Schedule I of the W.C. Act. Clause (b) of Section 142 provides that the destruction or permanent impairing of the power of any member or joint shall be a permanent disablement of the person. Having suffered from permanent disablement resulting in the destruction of a member of his right little finger by amputation through distal interphalangeal joint, the petitioner has suffered such permanent disablement as is referable to Section 142 of the M.V. Act and is therefore entitled to such compensation as is available to him under Section 140 of the M.V. Act. Being a case of permanent disablement, the petitioner is entitled to get Rs. 25,000/- as the. amount of compensation on the principle of no fault liability under Section 140 of the M.V. Act. It is so declared. Deducting the amount of Rs. 13,440/- covered by the impugned order, petitioner is entitled to get Rs. 11,560/- with simple interest at 12% p.a., the rate of interests granted by the Commissioner from the date of accident. The appeal is allowed to the above extent.
Since the appellant had not specifically put forward a contention before the Commissioner, relying on Section 140 of the M.V. Act and because an order for interest is also granted, it is directed that the parties shall bear their respective costs. The insurer will satisfy this judgment within one month.