IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal From Order No. 509 of 2005 United India Insurance Company Ltd … Appellant Versus Shri Vikram Chand & another … Respondents Sri Pankaj Purohit, Advocate, for the appellant Sri P. S. Rawat, Advocate, for respondent no. 1 Dated: April 9, 2008 Hon’ble B.C. Kandpal, J. This appeal, under Section 30 of Workmen’s Compensation Act, has been preferred against the judgment and award dated 21.09.2005 passed by Deputy Labour Commissioner/Workmen Compensation Commissioner, Kumaon Region, Haldwani, District Nainital, in Workmen Compensation Case No. 12/2003, Shri Vikram Chandra vs. M/s Khatima Fibers Ltd. Khatima and another. Briefly stated the facts, according to the claimant, are that the injured-claimant Vikram Chandra sustained injuries on 16.3.2002 while he was working in Gloding Machine of his employer- M/s Khatima Fibers Ltd. and in the said accident his right thumb, index finger and middle finger were amputated. The claimant-injured has pleaded that he was 28 years of age and was getting salary of about Rs. 2600/- per month. The claimant-injured has pleaded that he has been declared 50% disabled by the doctor due to injuries sustained in the accident, therefore, he claimed for a sum of Rs.1,65,196=20 as compensation, along with 12% per annum. The opposite party no. 1-M/s Khatima Fibers Ltd. filed written statement and admitted the factum of employment of claimant-injured, accident and injuries sustained in the accident. It has pleaded that salary of claimant-injured was Rs.2596/- per month. It has admitted that the age of deceased was 28 years at the time of accident. It has also been pleaded that amount of compensation as claimed by claimant is excessive and information with regard to accident was given to insurance company on the instance. The workman-claimant is liable to get compensation from United India Insurance Company Ltd., as at the time of accident the workman-claimant was insured under the W.C.A. policy, which policy cover note number was 089906 and was valid from 30.10.2001 to 29.10.2002. It has also pleaded that in case, if any liability to pay the amount of compensation is fixed, it is to be paid by insurance company. The opposite party no. 2-insurance company/appellant before this Court, filed its written statement. It has pleaded that claimant- injured is the workman of opposite party no. 1-M/s Khatima Fibers Ltd. and claimant-injured did not produce his medical certificate. The salary of claimant-injured has been mentioned as Rs. 2596/- in the information given to insurance company by the employer, but no evidence has been produced to prove the salary and disability. Hence, the claimant is not entitled to get any compensation from the insurance company. The Workmen Compensation Commissioner after having considered the entire evidence adduced by the parties and perusing the material available on the record, came to the conclusion that the claimant-Jagat Singh was the workman of opposite party no. 1-M/s Khatima Fibers Ltd. and he sustained injuries in accident occurred during the course of his employment, in respect thereto the Medical Officer, Udham Singh Nagar has given him the certificate of 50% disability. The opposite party no. 1-employer also admitted the age as 28 years and salary as Rs. 2596/- per month of the deceased. The Workmen Compensation Commissioner having considered the age, monthly salary as well as disability of the claimant-injured awarded the compensation for a sum of Rs. 2,02,719/- (including the interest @ 8% per annum from the date of accident i.e. 16.3.2002 till 16.3.2005), payable by opposite party no. 2- insurance company. The Workmen Compensation Commissioner also directed that this amount of compensation is to be paid by insurance company within a period of one month from the date of judgment. Feeling aggrieved by the aforesaid impugned judgment and award, the Insurance Company has preferred the appeal, under Section 30 of Workmen’s Compensation Act, before this Court. Heard Sri Pankaj Purohit, learned counsel for the appellant, Sri P. S. Rawat, learned counsel for respondent no. 1 and perused the record. None has appeared for respondent no. 2. I have also gone through the impugned judgment and award. In the instant case, the thumb, index finger and middle finger of the injured were amputated. The doctor has shown permanent disability of 50% and there is no dispute about the amputation of above organs of the injured. The monthly salary of the injured has been proved as Rs. 2596/-, therefore, the learned Workmen Compensation Commissioner has rightly calculated the amount of compensation to be granted to the claimant as per the guidelines of Section 4 of the Workmen’s Compensation Act. Learned counsel for the appellant has not been able to show me how the calculation method adopted by the learned Commissioner is wrong. I do not find any infirmity in the impugned judgment and award passed by Workmen Compensation Commissioner and the same does not require any interference by this Court. In view of above, the appeal lacks merit and is liable to be dismissed. Accordingly, the appeal is dismissed. The impugned judgment and award passed by Workmen Compensation Commissioner, is confirmed. (B.C. Kandpal, J.) SP