HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO C.M.A.No.779 OF 2011 JUDGMENT: The appeal is filed against the order in W.C.No.114 of 2002 on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour-III at Hyderabad. The appellant is the 2nd respondent-insurance company. 2. According to the case of the claimant, the claimant was said to be an auto driver and he was said to have received injuries in a motor accident and he was employed by the 1st respondent, who was the owner of the vehicle. The claimant pleaded that he suffered fracture of left and right femur, left fore arm and right third finger and there was disability. The lower Tribunal accepted the nature of the incident and also the nature of the injuries received by the claimant. 3. The learned counsel for the appellant contends that the evidence on record clearly goes to show that the doctor has assessed only physical disability of 65%, which is permanent and by applying the provisions under Section 4(1)(b) of the Workmen’s Compensation Act (for short, ‘the Act’), the salary of the individual has to be taken only at 60%. But, however, the lower Tribunal has taken the total salary into consideration and assessed the damages, which is not in accordance with the statutory provisions of the Act. Evidently, the evidence of the doctor shows that there were injuries to the limbs and it was a permanent disability. But, there is no evidence on record to come to a conclusion that the claimant cannot take any other employment. In such circumstances, it cannot be taken as a case of where total permanent disability and the provisions of Section 4(1)(b) of the Act cannot be excluded. 4. Therefore, taking into consideration the provisions of Section 4(1)(b) of the Act, the salary of the claimant is taken as Rs.1,562/- (2604 x 60%) and after applying the multiplier and also the disability, the total compensation comes to Rs.1,81,221/- (1562 x 178.49 x 65/100) rounded up to Rs.1,82,000/-. 5. With the above modification, the appeal is allowed in part. There shall be no order as to costs. _________________________ N.R.L. NAGESWARA RAO, J Date: 04.08.2011 INL