THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.M.A.NO.886 OF 2011 JUDGMENT:- The appeal is filed questioning the quantum of compensation granted by the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Warangal in File D1/2250/1999. The appellant herein is the insurer of the vehicle bearing No.ADT 3351 under which the injured was said to have been employed as a driver and the said vehicle was involved in a motor accident. The claimant claimed that in the course of employment, he suffered a total disability and claimed compensation of Rs.1,97,060/-. The learned Commissioner found that the petitioner received injuries during the course of employment. However, the learned counsel for the appellant contends that the evidence of PW.2 shows that the disability was only 40% whereas the disability certificate issued under Ex.C-1 by the Medical Board shows 55% and without any reason the Commissioner has taken the total disability as 100% and therefore the award is not valid. Evidently, the petitioner is said to have received non-schedule injuries and according to Section 4(1)©(ii) of the Workmen’s Compensation Act,1923, the opinion of the competent medical officer with regard to disability certificate and also associated opinion with regard to earning capacity has to be taken into consideration. Therefore, in this case the Medical Board has given disability certificate of 55% and there is no material to show that there was a total permanent disability preventing the claimant from taking any other employment. Therefore, the Commissioner ought not to have taken that it is a case of permanent total disability. As rightly contended by the counsel for the appellant 60% of the salary has also to be taken into consideration, but, however the Commissioner took it as a case of death and taken 50% of the earning. Therefore, in view of the above circumstances and in view of the fact that there is no proof of total permanent disability preventing the appellant from taking any other employment and keeping in view the disability certificate of the Board under Ex.C-1 opining that there is 55% disability, the compensation to which the petitioner entitled is 2000 x 60/100 x 55/100x184.17, which comes to about Rs.1,20,000/-. Therefore, the compensation amount is restricted to Rs.1,20,000/- in stead of Rs.1,97,060/- as granted by the Commissioner of Workmen’s Compensation. Accordingly, the appeal is allowed in part. _______________________ N.R.L. NĀGESWARA RĀO,J 29-08-2011 TSNR