THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED C.M.A.No.3362 of 2004 J U D G M E N T: This appeal is filed under Section 30 of the Workmen’s Compensation Act, 1923 (for short ‘the Act’) against the order, dated 06.09.2003, passed by the Commissioner for the Workmen’s Compensation and the Assistant Commissioner of Labour, Hyderabad-II (for short ‘the Commissioner’). The appellant-workman filed W.C.No.35 of 2003 before the Commissioner, claiming compensation of Rs.3,00,000/- on account of the injuries sustained by him during the course of employment. He pleaded that he was employed as a driver on an auto rickshaw bearing Registration No. AP 11U 2886, owned by the 1st respondent, and that on 27.12.2002, while he was proceeding from Punjagutta towards Yusufguda by driving the said auto in the course of his employment and when reached near Shalimar Café Tea Junction, one scooty rider came from opposite direction and dashed against the auto, due to which he applied sudden brakes while taking turn, as a result, the auto fell down and he received fractures on his body. The nature of injuries sustained and the particulars of expenditure incurred by him were mentioned. The case was contested by the 2nd respondent -insurer. By the order under appeal, the Commissioner awarded a sum of Rs.1,02,447/-. Seeking enhancement of the compensation, the appellant-workman filed the present appeal. Heard both sides and perused the material on record. From a perusal of the material on record, it is evident that PW2- doctor, who treated the appellant, has stated that the physical disablement suffered by the appellant is at 45% and it is a partial permanent disability and that he issued Ex.A7-disability certificate. Admittedly, the appellant has not filed any wage certificate to prove that he has been earning Rs.3,500/- per month. Though the Commissioner has taken the monthly wages of the appellant at Rs.2,821.50, I deem it appropriate to take them as Rs.3,000/- and the relevant factor as 159.80. The extent of disability suffered by the appellant shall be taken at 45%. Then, the amount of compensation comes to Rs.3,000 X 50/100 X 159.80 X 45/100 = 1,07,865/-. Therefore, the compensation awarded by the Commissioner is enhanced from Rs.1,02,447/- to Rs. 1,07,865/- with interest at 7.2% per annum, from the date of application till the date of realization. With the above modification, the Civil Miscellaneous Appeal is allowed in part. There shall be no order as to costs. ------------------------------------- GHULAM MOHAMMED, J 30th December 2010. ksld