HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO C.M.A.No.729 OF 2011 JUDGMENT: The appeal is filed against the order of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour at Nalgonda in W.C.No.18 of 2003 (NF), where-under for the injuries received by the petitioner in a motor accident, a compensation of Rs.1,08,585/- was granted against the claim of Rs.4,50,000/-. 2. According to the petitioner, he was a cleaner on DCM van bearing No.TN-01-T-8556, which was involved in an accident and the same was insured with the insurance company i.e., 2nd respondent. Due to the accident, he sustained injuries and disabled and consequently, lost earnings. After considering the evidence on record and also taking into consideration the evidence of the doctor and the disability certificate Ex.A.4 showing that the percentage of disability was 55%, the Tribunal has fixed the loss of earnings capacity at 40%. Insurance company did not challenge the award. But however, it is the contention of the appellant that when the doctor has opined that the disability is 55%, the loss of earnings fixed by the Commissioner at 40% is not proper. Evidently, the evidence of the doctor does not show that there was a permanent total disability of the petitioner depriving of any employment or the employment as a cleaner. Therefore, the lower Tribunal has considered it as 40%. But, however, taking into consideration the age of the petitioner and also the opinion of the doctor and future loss of earnings of the petitioner, I feel that the ends of justice would meet if the loss of earnings is fixed at 50%, which comes to Rs.1,35,731/- instead of Rs.1,08,585/- granted by the lower Tribunal. Accordingly, Civil Miscellaneous Appeal is allowed in part. Each party shall bear their own costs. ________________________ N.R.L. NAGESWARA RAO,J Date:21.07.2011 INL