For the appellant:G. Patel, Musa Dudhia and Company.
For the respondent:D. Luywa, Mwisiya and Company .

to 2% in these proceedings was inappropriate because the Workmens Compensation Act serves a specific purpose in relation to persons in employment who receive a salary or an allowance when in the present case it was a boy of nine years not receiving a salary or an allowance. He argued that the most appropriate authorities are those referring to young men who are unemployed. He referred the court to the case of Clyne v General Motor  Limited (3) in which the court awarded 2,500 Pounds. He submitted that K15,000.00 today for a boy aged nine years who lost part of his finger is not excessive and is possibly on the low side. He urged the court to take into account the effect of the injury which cannot be determined at this time.
Mr Luywa also referred the court to the case of Newman Gurnham Limited (4), in which a sum of 3,350 Pounds was awarded. Counsel submitted that, taking into account the possible future effect and bearing in mind inflation, the figure of K15,000.00 cannot be said to be excessive. He pointed out that the award of this court in the case of Ridgeway Hotel Limited v Ocaya and Anor (5), which was K6,500.00, would today be about K19,000.00, which is short of what the learned trial commissioner awarded in the present case.
We have very carefully considered the arguments and submissions of both learned counsel, we agree that the Workmen's Compensation Act does not apply to the case before us as that Act relates to the earning power of employees. In the instant case we have an infant who is not earning any salary. The Act is, therefore, inappropriate.  The case of Harris v Harris referred to us by Mr Patel does not support his arguments particularly when one looks at the value of a pound at various dates as set out in the schedule at page 601 of Kemp and Kemp Volume two. The schedule shows that the value of a pound in July 1957 was 7.21.
In respect of injuries to fingers this court recently confirmed an award of K6,500 general damages for personal injuries in the case of Ridgeway Hotel Limited. In that case the first respondent, a very young child, was a guest at the appellant's hotel and was playing near the swimming pool when he fell and injured his index finger on a piece of broken glass. He sustained a lacerated wound on the left palm and the tendon of the left index finger was cut. He underwent an operation to repair the cut tendon. The hand was in plaster removed after five weeks. He attended physiotherapy treatment for approximately six weeks. There was permanent disability to the finger in that there was restriction of flexion. There was evidence that the finger could not be straightened. We were in that case referred to two Zambian cases where this court stated the principle that it will not interfere with awards of damages unless shown that the award is wholly unreasonable or entirely erroneous. We confirmed in that case that the inflation that has occurred in this country should be taken into account. The date at which the rate of such inflation should be calculated is the date of the trial judgment and not the date of the appeal. In the present case the date of the trial judgment is January 1986, after the introduction of the auctioning system. In this case we see nothing in the total award of K15,000.00 general damages for personal injury resulting in the loss of the distal phalanx of the middle left finger that we find to be erroneous and there is no reason for us to interfere. This being the case the appeal is dismissed with costs.
Appeal dismissed