1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO.895 OF 2010 Vijay s/o Bhanudas Deshmukh .. Appellant Versus Hawaldar Sayyed Sattar Dagdu and anr. ..Respondents Mr.Atmaram Y.Pandole, Advocate for appellant Mr.Dhananjay Deshpande, Advocate for respondent No.2 CORAM : A.V. NIRGUDE, J. DATE : 8th July 2010 PER COURT 1. This first appeal is filed against the judgment and award passed by the Commissioner under Workmen's Compensation Act, 1923 at Ahmednagar in Application No.7/2006, which the appellant had filed. 2. The appellant was an employee of the respondent No.1. He was employed to drive his truck. There is no dispute on facts that on 16.4.2005 the truck, which the appellant was driving, met with an accident resulting in injuring the appellant severely. The appellant, despite medical treatment could not save his one leg. His one leg was amputed below knee. 3. The appellant’s case is that due to the amputation, he suffered 100% loss of earning capacity. However, Court below rejected this case and on the basis of the Entry No.21 of Part II of Schedule 1 of the Workmen’s Compensation Act, held that due to the amputation of one leg the appellant suffered 50% loss of earning capacity. Accordingly, the 2 learned Commissioner awarded Rs.2,22,380/- along with interest at the rate of 12% p.a. to the appellant. The appellant does not dispute the multiple factor used by the Court below. In view of this, I find no error in the judgment of the lower Court. The appeal, therefore, stands dismissed. ( A.V. NIRGUDE, J. ) (vvr/895.10fa)