IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 MFA.No. 158 of 2009 (B) --------------------- (W.C.NO.10/2000 OF THE COMMISSIONER FOR WORKMEN'S COMPENSATION, (DEPUTY LABOUR COMMISSIONER) KOZHIKODE. -------------- APPELLANT/APPLICANT: ------------------------------------ E.K.ABDUL KHADER, SON OF MOHAMMED KUTTY, C/O.A.K.LATHEEF, TEA STALL & COOL BAR, AGASTHYAMOOZHI, MUKKOM, KONHIKODE 673 602. BY ADVS. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENTS: ---------------------- 1.K.BHASKARAN, MADATHIL HOUSE, P.O.NANMINDA, CALICUT 673 613. 2. M/S.UNITED INDIA INSURANCE COMPANY LTD., DIVISI0ONAL OFFICE-II, KOZHIKODE. R2 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 19/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.F.A. NO. 158 OF 2009 = = = = = = = = = = = = = = = Dated this the 19th day of November, 2010. J U D G M E N T This is an appeal preferred against the order of the Workmen's Compensation Commissioner, Kozhikode in W.C. 10/00. The case of the claimant/appellant is to the effect that while he was working as a driver in a lorry and when he was helping the lorry cleaner to replace the rear wheel of the lorry the jacky slipped from the body and applicant's left thumb was got in between the body of the lorry and the jacky. According to him he suffered a very severe crush injury and that the thumb was amputated. The learned Workmen's Compensation Commissioner held hat no disability certificate is produced and further held that no amputation M.F.A.. 158 OF 2009 -:2:- of left thumb is seen made in Ext.A1. The learned counsel for the appellant had shown me a copy of Ext.A1 which would show that under local anesthesia some stump closure has been done. Therefore it is to find out whether really there had been any amputation of the left thumb as alleged by the applicant. This is a matter which can be easily found out and it is always desirable to find out how far the thumb has been amputated for the reason that it is coming under the schedule injury under the Workmen's Compensation Act. Therefore the award under challenge is set aside and the matter is remitted back to the Compensation Commissioner with a direction to permit the applicant to produce necessary documents if available to prove amputation and also his personal examination for verification by the Court M.F.A.. 158 OF 2009 -:3:- regarding the correctness of the same. If the Court entertains any doubt regarding the extent to which it is amputated medical evidence can be sought by the Court itself and the matter can be decided in accordance with law. Needless to say that all concerned are permitted to adduce further evidence in the matter. The Workmen's Compensation Commissioner is directed to issue notice to the parties fixing the date of appearance. M.N. KRISHNAN, JUDGE. ul/-