Guest (n/a) 17 April 2009

consumer act

i want to know that how to calculate disability in medical, what is the criteria for disability, whether the person injured in two fingers of right hand then how much of disability be considered

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Swami Sadashiva Brahmendra Sar (Nil) 17 April 2009

kindly see the scedule in workmens compensation Act.

A V Vishal (Advocate) 18 April 2009

AMOUNT OF COMPENSATION. - (1) Subject to the provisions of this Act, the amount of compensation shall be as follows, namely :- (a) where death results an amount equal to fifty from the injury cent of the monthly wages of the deceased workman multiplied by the relevant factor; or an amount of fifty thousand rupees, whichever is more;

(b) where permanent total an amount equal to disablement results from sixty the injury per cent of the monthly wages of the injured workman multiplied by the relevant factor, or an amount of sixty thousand rupees, whichever is more.

Explanation I : For the purposes of clause (a) and clause (b), "relevant factor", in relation to a workman means the factor specified in the second column of Schedule IV against the entry in the first column of that Schedule specifying the number of years which are the same as the completed years of the age of the workman on his last birthday immediately preceding the date on which the compensation fell due;

Explanation II : Where the monthly wages of a workman exceed two thousand rupees, his monthly wages for the purposes of clause (a) and clause (b) shall be deemed to be two thousand rupees only;

(c) where permanent partial disablement results from the injury (i) in the case of an injury specified in Part II of Schedule I, such percentage of the compensation which would have been payable in the case of permanent total disablement as is specified therein as being the percentage of the loss of earning capacity caused by that injury, and

(ii) in the case of an injury not specified in Schedule I, such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity (as assessed by the qualified medical practitioner) permanently caused by the injury;

Explanation I : Where more injuries than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated but not so in any case as to exceed the amount which would have been payable if permanent total disablement had resulted from the injuries;

Explanation II : In Assessing the loss of earning capacity for the purposes of sub-clause (ii) the qualified medical practitioner shall have due regard to the percentages of loss of earning capacity in relation to different injuries specified in Schedule I;

(d) Where temporary a half monthly payment of the sum disablement, whether equivalent to twenty-five per cent of total or partial, results monthly wages of the workman, to from the injury be paid in accordance with the provisions of sub-section (2).

(1A) Notwithstanding anything contained in sub-section (1), while fixing the amount of compensation payable to a workman in respect of an accident occurred outside India, the Commissioner shall take into account the amount of compensation, if any, awarded to such workman in accordance with the law of the country in which the accident occurred and shall reduce the amount fixed by him by the amount of compensation awarded to the workman in accordance with the law of that country.

(2) The half-monthly payment referred to in clause (d) of sub-section (1) shall be payable on the sixteenth day - (i) from the date of disablement where such disablement lasts for a period of twenty-eight days or more; or

(ii) after the expiry of a waiting period of three days from the date of disablement where such disablement lasts for a period of less than twenty-eight days; and thereafter half-monthly during the disablement or during a period of five years, whichever period is shorter :

Provided that - (a) there shall be deducted from any lump sum or half-monthly payments to which the workman is entitled the amount of any payment or allowance which the workman has received from the employer by way of compensation during the period of disablement prior to the receipt of such lump sum or of the first half-monthly payment, as the case may be; and

(b) no half-monthly payment shall in any case exceed the amount, if any, by which half the amount of the monthly wages of the workman before the accident exceeds half the amount of such wages which he is earning after the accident.

Explanation : Any payment or allowance which the workman has received from the employer towards his medical treatment shall not be deemed to be a payment or allowance received by him by way of compensation within the meaning of clause (a) of the proviso.

(3) On the ceasing of the disablement before the date on which any half-monthly payment falls due, there shall be payable in respect of that half-month a sum proportionate to the duration of the disablement in that half-month.

(4) If the injury of the workman results in his death, the employer shall, in addition to the compensation under sub-section (1), deposit with the Commissioner a sum of one thousand rupees for payment of the same to the eldest surviving dependant of the workman towards the expenditure of the funeral of such workman or where the workman did not have a dependant or was not living with his dependant at the time of his death to the person who actually incurred such expenditure.

A V Vishal (Advocate) 18 April 2009

SCHEDULE I

[See sections 2(1) and (4)]

PART I LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL DISABLEMENT

Serial No.	Description of injury	Percentage of loss of earning capacity
1	Loss of both hands or amputation at higher sites	100
2	Loss of a hand and foot	100
3	Double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot	100
4	Loss of sight to such an extent as to render the claimant unable to perform any work for which eye sight is essential	100
5	Very severe facial disfigurement	100
6	Absolute deafness
PART II LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL DISABLEMENT Amputation Cases - Upper limbs - Either arm
1	Amputation through shoulder joint	90
2	Amputation below shoulder with stump less than 20.32 cms. from tip of acromion	80
3	Amputation from 20.32 cms. from tip of acromion to less than 4" below tip of olecranon	70
4	Loss of a hand or of the thumb and four fingers of one hand or amputation from 11.43 cms. below tip of olecranon	60
5	Loss of thumb	30
6	Loss of thumb and its metacarpal bone	40
7	Loss of four fingers of one hand	50
8	Loss of three fingers of one hand	30
9	Loss of two fingers of one hand	20
10	Loss of terminal phalanx of thumb	20
Amputation cases - Lower limbs
10A	Guillotine amputation of tip of thumb without loss of bone	10
11	Amputation of both feet resulting in end bearing stumps	90
12	Amputation through both feet proximal to the metatarso-phalangeal joint	80
13	Loss of all toes of both feet through the metatarso-phalangeal joint	40
14	Loss of all toes of both feet proximal to the proximal inter-phalangeal joint	30
15	Loss of all toes of both feet distal to the proximal inter-phalangeal joint	20
16	Amputation at hip	90
17	Amputation below hip with stump not exceeding 12.70 cms. in length measured from tip of great trenchanter but not beyond middle thigh	80
18	Amputation below hip with stump exceeding 12.70 cms. in length measured from tip of great trenchanter but not beyond middle thigh	70
19	Amputation below middle thigh to 8.89 cms. below knee	60
20	Amputation below knee with stump exceeding 8.89 cms. but not exceeding 12.70 cms.	50
21	Amputation below knee with stump exceeding 12.70 cms.	50
22	Amputation of one foot resulting in end bearing	50
23	Amputation through on foot proximal to the metatarso-phalangeal joint	50
24	Loss of all toes of one foot through the metatarso-phalangeal joint	20
Other injuries
25	Loss of one eye, without complications, the other being normal	40
26	Loss of vision of one eye, without complications or disfigurement of eyeball, the other being normal	30
26A	Loss of partial vision of one eye	10
Loss of - A - Fingers of right or left hand Index finger
27	Whole	14
28	Two phalanges	11
29	One phalanx	9
30	Guillotine amputation of time without loss of bone	5
Middle finger
31	Whole	12
32	Two phalanges	9
33	One Phalanx	7
34	Guillotine amputation of tip without loss of bone	4
Ring or little finger
35	Whole	7
36	Two phalanges	6
37	One Phalanx	5
38	Guillotine amputation of tip without loss of bone	2
B - Toes of right or left foot Great toe
39	Through metatarso-phalangeal joint	14
40	Part, with some loss of bone	3
Any other toe
41	Through metatarso-phalangeal joint	3
42	Part with some loss of bone	1
Two toes of one foot, excluding great toe
43	Through metatarso-phalangeal joint	5
44	Part, with some loss of bone	2
Three toes of one foot, excluding great toe
45	Through metatarso-phalangeal joint	6
46	Part, with some loss of bone	3
Four toes of one foot, excluding great toe
47	Through metatarso-phalangeal joint	9
48	Part-with some loss of bone	3

Note - Complete and permanent loss of the use of any limb or member referred to in this Schedule shall be deemed to be equivalent to the loss of that limb or member.

N.K.Assumi (Advocate) 18 April 2009

Vishal, very good and also a sign of hard work.Keep it up.

N.K.Assumi (Advocate) 19 April 2009

Besides the excellent works of Vishal, one can also look at the Persons with disabilities (Equal Opportunities,protection of Rights and Full Participation) Act, 1995. Section 2 Clause (i) Disability means:- i.Blindness.ii.Low vision.iii.Leprosu-Cured.iv.Hearing impairment. v.Locomotor Disability.vi.Mental Retardation.vii.Mental illness. Thus I am of the view that as per this act, lost of two fingers can not be within the meaning of disability.