THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.865 OF 2008 Dated 29-7-2010 Between: United India Insurance Co. Ltd. … . Appellant & B. Satyanarayana & others …Respondents THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.865 of 2008 JUDGMENT: This appeal is filed by the United India Insurance Company Limited aggrieved by the order dated 23-1-2007 passed in WC No.23 of 2005 by the Commissioner for Workmen’s Compensation & Assistant Commissioner of Labour, Circle-I, Ranga Reddy District at Hyderabad. The WC case was filed by the applicant-1st respondent herein seeking for compensation of Rs.4,00,000/- for the injuries sustained by him in the accident in the course of his employment involving motor vehicle accident while he was working as labour on tractor and trolly bearing No.AP 24-A 5866 and 5867. 2. The facts stated are:-The applicant-1st respondent herein was working as labour on the tractor and trolly bearing no.AP 24- A 5866 and 5867 in the employment of its owner and met with an accident on 23-2-2005 while the vehicle was going towards Koheda after unloading bricks as a result of dashing a culvart No.48/8 on NH-9. It is stated that as a result of the hit, the applicant sustained injuries all over body and fracture to both arms, left leg. It is stated that due to the injuries sustained by him, he became partial permanent disabled and lost his earning capacity. That the applicant was paid a salary of Rs.3,000/- per month as labourer. The applicant was aged 30 years as on the date of the accident. 3. Heard the learned counsel for the parties. 4. To prove the claim, the applicant was examined himself as AW- 1. AW-2 is the doctor who spoke about the injuries sustained and issued the disability certificate. According to the opinion of the doctor the disability sustained by the applicant is assessed at 35% and it was partial and permanent in nature. The Court below considering the evidence of the applicant himself and also Exs.A-1 copy of FIR, Ex.A-2 copy of charge sheet, Ex.A-3 copy of offence panchanama held that the applicant sustained injuries in the accident caused by the accident vehicle and he sustained the injuries during the course of his employment with the owner of the accident vehicle. In the absence of any contra evidence adduced, this finding of fact recorded by the Court below does not call for any interference by this Court. 5. Coming to the question of award of compensation, it has come in evidence that as on the date of the accident, the applicant was aged 30 years and he was working as labourer of the tractor and trolly and was employed with the owner of the vehicle. The wages of the deceased were fixed by taking the minimum wages, as fixed by the Government of AP in GO Ms.No.30, dated 27-7- 2000. However, there is no reasoning given by the Court below for taking the disability at 50%, when under Ex.A-9 (disability certificate) issued by the doctor is fixed at 35%. As a consequence, by maintaining all other factors, the compensation as to be worked out by taking into account the disability at 35%. The amount of compensation works out to (2321 x 60/100 x 218.47 x 35 %) Rs.1,06,484-47 ps and accordingly the applicant is granted a sum of Rs.1,06,484-47 ps. 6. In the result, the CMA is allowed in part and the impugned order passed by the Court below is modified to the extent indicated above. No costs. ____________________ Ghulam Mohammed,J Dated: 29-7-2010 Nrg. THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.865 of 2008 29-7-2010