THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED C.M.A No.704 of 2006 JUDGMENT: This appeal is filed against the order dated 22.05.2006 passed in W.C.No.28 of 2005 on the file of Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Mahabubnagar. 2. The said W.C. was filed by the applicant/respondent herein claiming compensation of Rs.5,00,000/- for the injuries sustained in a motor accident that occurred on 22.12.2004 involving DCM van bearing No. AP 9X 8771 and trailer lorry bearing No. NL 05A 2869 when he was travelling from Kavali to Nellore. As against the claim of Rs.5,00,000/-, the Tribunal granted a compensation of Rs.3,64,682/-. Questioning the same, the 2nd respondent- insurance company in the W.C. filed this appeal. 3. Heard learned counsel for the appellant-Insurance Company and the learned counsel for the claimant-respondent herein. Perused the impugned order passed by the Tribunal. 4. It has come in the evidence that on a fateful day, the accident occurred when the injured was proceeding as 2nd driver in the DCM van along with 1st driver and the 1st driver lost control over the van and drove in high speed and dashed against the trailor in question. A.W.2-Orthopaedic surgeon in his chief evidence affidavit, stated as per Ex.A-16-disability certificate P.W.1 sustained 40% disability. Taking into consideration these facts the Tribunal held that the applicant suffered total permanent disability. 5. Coming to the question of granting compensation, as on date of the accident, the deceased was 34 years old and was a driver earning Rs.4,000/- per month and Rs.20/- per day towards batta, but since there was no positive evidence to that effect, the Tribunal took the income of Rs.3,014/- per month as basic wage for a Light Vehicle Driver of public motor transport and V.D.A and granted Rs.3,64,682/- as compensation. Since it is clearly mentioned in Exs.A-16 issued by AW.2 and A-17 issued by the medical board that the applicant has suffered physical disability at 40%, it can be said that the applicant has suffered partial disability at 40%. 6. In the circumstances stated above with regard to the percentage of disability is concerned, the lower Court ought to have considered the documentary evidence namely Ex.A-16 and A-17 issued by AW-2, wherein it is certified that the petitioner has suffered only 40% disability. Based on the said documentary evidence, the compensation granted by the lower Court towards disability has to be reduced from 60% to 40%. Then the compensation can be granted at Rs.2,43,121.296/- (Rs.3014/- x 40/100 x 201.66 = 243121.296) and the amount is rounded off to Rs.2,43,121/- towards loss of disability. The claimant is entitled to interest at the rate 7% per annum on the reduced compensation from the date of petition till the date of realization. 7. In the result, the appeal filed by the insurance company is partly allowed in part. There shall be no order as to costs. _____________________ GHULAM MOHAMMED, J March 31, 2011 SP/KK HONOURABLE SRI JUSTICE GHULAM MOHAMMED CMA No.704 of 2006 March 31, 2011 SP KK