HON’BLE SRI JUSTICE V.SURI APPA RAO Civil Miscellaneous Appeal No.4676 of 2003 Date: 20-12-2010 Between The Divisional Manager, United India Insurance Co. Ltd., Guntur … Appellant/Opposite Party No.2 and 1. Gorrela Ravi … Respondent/Applicant 2. V.Sundara Ramaiah … Respondent/Opposite Party No.1 HON’BLE SRI JUSTICE V.SURI APPA RAO Civil Miscellaneous Appeal No.4676 of 2003 Judgment: This appeal is filed under Section 30 of the Workmen’s Compensation Act, 1923 (for short ‘the W.C. Act’) against the order dated 23-10-2003 in W.C. Case No.132 of 2002 passed by the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour-I, Guntur, whereby the Commissioner awarded compensation of Rs.1,28,118/-. 2. The relevant facts leading to this appeal are: The 1st respondent worked as driver of the lorry bearing No.AP16W-5233 belonging to the 2nd respondent. During the course of employment, he sustained injuries on 24-7-2002 near Bommidala Cold Storage on National Highway No.5, Guntur due to collision with opposite vehicle. Therefore, the 1st respondent filed claim petition under Section 22 of the W.C. Act claiming compensation of Rs.4,00,000/-. 3. Considering the evidence on record, the Commissioner awarded compensation of Rs.1,28,118/- to the 1st respondent- applicant on the ground that the loss of earning capacity of the injured is at 30% 4. Learned counsel for the appellant-Insurance Company submitted that as per the medical evidence, the loss of earning capacity of the 1st respondent is only 20% but the Commissioner erroneously calculated the loss of earning capacity at 30% and awarded the compensation. 5. Admittedly, A.W.2-Dr. P.Narasimham, who treated the injured person at the hospital, has clearly stated in his evidence that as per the X-ray report the disability that corresponds as per the Manual for Orthopedic Surgeons in evaluating physical and permanent impediment is about 20%. But, contrary to the medical evidence the Commissioner has taken the loss of earning capacity at 30%. If the loss of earning capacity taken into account is at 20% as per the medical evidence, the compensation payable to the 1st respondent comes to Rs.85,000/-. 6. This Court by order dated 29-12-2003 in C.M.P.No.30477 of 2003 in C.M.A.No.4676 of 2003 directed the appellant to deposit the admitted amount of Rs.85,000/- and the 1st respondent-applicant was permitted to withdraw the entire amount of Rs.85,000/- so deposited by the appellant without furnishing any security. 7. In view of the medical evidence and after taking into consideration of 20% of loss of earning capacity, the 1st respondent- applicant is entitled to the compensation of Rs.85,000/- only. Since the 1st respondent was permitted to withdraw the amount already deposited, this civil miscellaneous appeal is allowed accordingly reducing the compensation amount from Rs.1,28,118/- to Rs.85,000/-, which was already deposited by the appellant-Insurance Company. ___________________________ JUSTICE V.SURI APPA RAO 20th December, 2010. Ak HON’BLE SRI JUSTICE V.SURI APPA RAO Civil Miscellaneous Appeal No.4676 of 2003 20th December, 2010.