THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.M.A.711 OF 2011 JUDGMENT: The appeal is filed against the order of the Commissioner, Workmen’s Tribunal, Hyderabad whereunder for the injuries received by the applicant/petitioner while he was in employment. A claim was made for a compensation of Rs.5 lakhs and the Tribunal granted a sum of Rs.1,64,873/-. The learned counsel for the Insurance Company does not dispute the liability or also the nature of the injuries received by the petitioner. The only grievance is that the evidence of the Doctor who was examined as AW.2 clearly goes to show that the disability is only 20% partial and permanent disability and the certificate is marked as Ex.A-5. However, the lower Tribunal came to the conclusion that the injured will not be able to drive the goods vehicle efficiently and cannot sit for a long time and consequently the loss of earning capacity of the applicant is put at 40%. It is not a case where there is a total permanent disability of the injured whereunder he cannot perform any duties and is not a case where there was a total loss of earnings or livelihood of the injured. Even as per the evidence of the Doctor, the disability is partial though permanent. It is only a partial functional disability of one of the organs of the individual and therefore his capacity to undertake any other labour cannot be disputed. Even the lower Tribunal found that the individual may not be able to effectively drive the vehicle for a long time but is not a case where the lower Tribunal found that he cannot drive the vehicle at all and lost employment permanently. Therefore giving allowance of disability at 40% more than what was assessed medically by the Doctor is not correct. In this connection the learned counsel for the appellant relied on the following decisions:- 1) New India Assurance Company Limited, Secunderabad Vs. A.Jampaiah and another([1]). 2) Siddabattula Sivannarayana Vs. Chukkapalli Sambasiva Rao and another ([2]) 3) Oriental Insurance Company Limited Vs. Mohd.Nasir and another([3]) Therefore, by applying the principles laid down therein and also considering the disability as 25% the compensation to which the petitioner/applicant will be entitled comes to Rs.1,02,527/- and it is rounded to Rs.1,05,000/-. Therefore, the applicant is entitled a total compensation of Rs.1,05,000/-. However, the interest is directed to be paid by the lower Tribunal is reduced to 7.5% instead of 9% from the date of petition. With the above modification, the Civil Miscellaneous Appeal is allowed in part. No costs. _______________________ N.R.L.NAGESWARA RAO,J 15-07-2011 TSNR [1] 2010(6) ALD 107 [2] 2011 ACJ 1425 [3] 2010(1) ALD 74 (SC)