Finger loss case

October 2009.

(An update from Hamara Manch)

Mr Anil Singh, around 50 years, lives in Naankari, is a welder grinder. On 9th October he was working on the grinding machine and a part from the machine flew out and severed two fingers of his left hand. He also suffered a deep injury in his left leg. Mr Singh was working in the hockey field (near swimming pool)with a petty contractor M/s Kamalkant Vishwakarma, who in turn was apparently working for M/s Dewan.

Initially the contractor got some preliminary bandage done by a non-certified medical practitioner in Naankari. But since he was bleeding profusely the family members took him to Abhishek Nursing Home in Kalyanpur the next morning. The contractor and his family members tried to wriggle out of paying any money towards medical treatment which led to some altercation between the family members of Mr Anil Singh and that of the contractor. At the clinic the doctors amputated the fingers and also attended to the leg injury (he needed 16 stitches in the fingers and 4 in the leg). At some point the family approached a HM volunteer who advised them to report to the IWD. Initially Mr G. of IWD tried to absolve the Institute’s responsibility by stating that Mr Singh worked for the petty contractor – hence it is between the two of them. But on further insistence Mr G. asked the petty contractor to give Rs 5000/- towards interim medical relief which was done in the presence of Mr T.. The full extent of the disability can be only assessed after the bandages come off, at present the hand needs to be bandaged every alternate days. The institute has not given any assurance to the family of Mr Singh as to what all he would be entitled to because of this accident. Two family members of Mr Singh came to our Wednesday meeting to seek our advise. We told them that legally he is entitled to:

• • All medical expenses arising due to this accident

  • Wages for the days he is unable to work

  • If the situation remains unchanged (that is he is not able to go back to his earlier employment and suffers permanent disability) he is entitled to compensation for which there are clear directions in the law (Workmen’s Compensation Act)

(Note: Edited to remove some names.)