J U D G M E N T

The question of law arising for consideration in this case is as to whether the Commissioner can grant compensation ignoring the percentage of earning capacity provided in Schedule I for injuries specifically included in the Schedule.

2. In an employment injury, the 1^st respondent/

claimant lost his right middle finger. The learned Commissioner reckoned the loss of earning capacity as 25% to calculate the compensation payable. There is no dispute with respect to any other aspect and the appellant confines the challenge to the percentage of loss of earning capacity. In Schedule I of the Employees Compensation Act , 1923, loss of whole of middle finger is mentioned under Sl.No.31. Percentage of loss of earning capacity is fixed as 12. In view of the provisions of Section 4 of the , 1923, if the injury is specifically included in the Schedule, compensation can be granted only in accordance with the percentage of loss of earning capacity provided in the Schedule. Therefore the question of law can be answered only in favour of the appellant. The Commissioner went wrong in adopting 25% as the percentage of loss of earning capacity. In the nature of the injury suffered by