HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO C.M.A.No.1358 OF 2011 JUDGMENT: The appeal is filed against the order in W.C.No.56 of 2001 on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour-I, Warangal, questioning the quantum of compensation granted by the lower Tribunal. 2. A claim was made for a compensation of Rs.2,25,000/- by the claimant for the injuries said to have been received by him in a motor accident occurred on 07.09.1996 as he was said to be employed on the lorry bearing No.ATT 8763. The petitioner claimed monthly salary of Rs.1,500/- and also batta. After considering the evidence on record, the Commissioner has granted compensation of Rs.1,04,117/- and also costs. 3. The point for consideration is whether the quantum of compensation granted by the lower Tribunal is just and reasonable? 4. POINT: Evidently, the claimant is said to have received non-schedule injury and Section 4(1)(c)(ii) of the Workmen’s Compensation Act (for short, ‘the Act’) prescribes the method of calculation of the compensation. In this case, the order of the Tribunal does not show as to what was the salary that was taken into consideration; as to what was the percentage of disability; determination of the loss of earning capacity and the factor that has been applied. 5. According to the counsel for the appellant, wages by the date of accident are Rs.1,167/- per month but there is no proof of wages of the claimant. Therefore, the Tribunal should have applied only the minimum wages as fixed, and consequently, the wages of the claimant comes to Rs.1,167/- per month. The evidence of the doctor discloses the disability is only 40%. In view of the above circumstances, it has to be decided that the compensation granted by the lower Tribunal is not proper. 6. Therefore, by taking into consideration the provisions under Section 4(1)(c)(ii) of the Act, the claimant will be entitled to the compensation of Rs.60,752.15ps (1167x60/100x40/100x216.91). The claimant is also entitled to a sum of Rs.1,500/- towards costs as granted by the lower Tribunal.. Accordingly, the appeal is allowed in part. There shall be no order as to costs. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:19.12.2011 INL