THE HON’BLE SRI JUSTICE K.S.APPA RAO CIVIL MISCELLANEOUS APPEAL NO. 3780 of 2003 JUDGMENT: Aggrieved against the order and decree dated 06.03.2003 in O.P.No.63 of 2001 passed by the Chairman, III Motor Accidents Claims Tribunal Warangal, the appellant/respondent-Corporation filed the present Civil Miscellaneous Appeal. The appellant herein is the respondent in main O.P.No.63 of 2001. The petitioner/claimant filed the above said O.P. claming compensation of Rs.3,00,000/- for the injuries sustained by him in a road accident on 24.10.2000. The Tribunal below by considering both the evidence of the petitioner/claimant (P.W.1) and the evidence of P.W.2-doctor and the documents Exs.A.1 to A.7, granted an amount of Rs.2,37,000/-. Aggrieved by the same, the present Civil Miscellaneous Appeal is filed by the appellant/respondent Corporation mainly urging that the Tribunal below fixed the income of the injured as Rs.100/- per day while considering the injured as an agricultural labourer and as per the wages fixed by the Minimum Wage Board of the Warangal District for unskilled labour is fixed at Rs.2600/- per month i.e., @ Rs.100/- per day for 26 days. Now the point for consideration is whether the award of compensation granted by the Tribunal below is sustainable. The learned counsel appearing for the appellant-respondent mainly urged that the aforesaid fixation of Rs.100/- per day by the Tribunal below is not correct and placed reliance on the book Law of Minimum Wages Act- Wages in Andhra Pradesh at page 169 wherein she reads at Sl.No.7 the wages in Zone-II of Warangal is Rs.64/- per day as injured belongs to Chelpur Village, Ghanapur Mandal, which comes under Zone-II. The Minimum Wages fixed as per the aforesaid book are Rs.64/- per day to the persons residing in Zone-II of Warangal District. If that be taken into consideration, the order of the Tribunal below has to be modified accordingly. It has come in the evidence that the injured was doing agricultural work. His earning capacity as a labourer during the period as Rs.64/- per day and accounting for 26 days in a month as working days, the monthly income can easily be fixed in the present case to Rs.64/- x 26 = Rs.1664/-. So the yearly income comes to Rs.1664/- x 12 = Rs.19,968/-. As per the medical certificate and disability certificate, the age of the petitioner was shown as 29 years and if the multiplier 17 is applied the compensation would be Rs.19,968/- x 17 = Rs. 3,39,456/-. As per Ex.A.7 physically handicapped certificate, the permanent continuing disability of P.W.1 is 40%. Thus, the loss of earnings capacity is assessed at Rs.3,39,456/- x 40/100 = 1,35,780/- (The round figure up to Rs.1,36,000/-), to which the petitioner is entitled. The Tribunal below granted Rs.2,12,160/-. The same is reduced to Rs.1,36,000/-. The petitioner/injured is also entitled to Rs.16,800/- towards the medical expenses as per Ex.A.6-medical bills, Rs.2,000 towards actual earning loss during the treatment, Rs.5,000/- towards pain and suffering and Rs.1,000/- towards transport expenses as held by the Tribunal below is quite justified and sustainable. Accordingly, the total compensation to be assessed at Rs.1,60,800/-. Having regard to the evidence on record, the compensation amount of Rs.2,37,000/- is reduced to Rs.1,60,800/-. Though the Court below granted interest at 9% per annum having regard to the facts and circumstances, reduction of further rate of interest is not just and reasonable. With the above modifications, the appeal is allowed in part. ______________ K.S.APPA RAO,J 01st April 2011 bud