HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO C.M.A.No.918 OF 2011 JUDGMENT: The appeal is filed against the order in W.C.No.30 of 2002 on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour-IV, Hyderabad, questioning the grant of compensation. 2. A claim was made by the applicant for compensation for the injuries received in a motor accident. The applicant was said to be a Conductor in the bus belonging to the appellant and on 21.06.2000 at about 5.40 P.M., while he was discharging duties, when the bus reached near M.G.B.S., the driver of the bus while turning the bus, applied sudden brakes, due to which, he fell down and sustained fracture on his right knee and therefore, he claimed a compensation of Rs.4,78,560/-. The opposite party filed counter, admitting the employment of the applicant, accident and nature of injuries received by the applicant and further submitted that the injury received by the applicant is temporary and he was also paid wages as per the entitlement and the applicant is not disabled and not lost the earning capacity, therefore, he is not entitled for any compensation under the provisions of the Act. The lower Tribunal has taken the evidence of the applicant and also the accident report into consideration and also disability certificate Ex.A.5, concluded that it is a case of permanent disability of 40% of loss of earnings and granted the compensation. 3. The learned counsel for the appellant contends that the doctor was not examined and Ex.A.1 certificate, which is accident report, shows that the claimant is said to have received some injuries, which are of temporary nature. Evidently, the applicant was only a temporary Conductor. He claims to have fracture of right knee and treated in RTC hospital from 21.06.2000 to 07.03.2001 as inpatient. This is a fact, which has been proved by positive evidence of the doctor and also producing the disability certificate. In the absence of any disability certificate or the opinion of the doctor about the permanent disability as contemplated under Section 4(1)(c)(ii) of the Workmen’s Compensation Act, the applicant will not be entitled to the compensation. Therefore, the award of the Commissioner is set aside and the matter is remanded to the Commissioner to make further enquiry by giving further opportunity to both parties as to the nature of injuries and nature of the disability, if any, and as to whether the appellant is liable to pay the compensation or not. The Commissioner shall serve notice to the applicant through the depot, where he is working and decide the matter. Accordingly, appeal is disposed of. There shall be no order as to costs. _________________________ N.R.L. NAGESWARA RAO, J Date:27.08.2011 INL