THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.M.A. No. 1043 of 2011 JUDGMENT: The appeal is filed against the order dated 22.02.2005 in W.C.No.56 of 2004 on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour-III, Hyderabad, whereunder the insurance company has challenged the quantum of compensation for the injuries received by the claimant. The claimant claims to be a driver of the Eicher van bearing No.AP 9 W 4030 and in course of his employment he received injuries. Though the insurance company has disputed the nature of the incident, the Commissioner has accepted the incident and granted a compensation of Rs.3,66,217/-. According to the appellant, there is no proof of loss of total earning capacity of the claimant and the doctor, who was examined by the claimant, deposed that the disability is only 40%, whereas the doctor, who examined the claimant at the instance of the appellant, opined that the disability is 30%. Therefore, there is a variation about the extent of the disability. However, none of them have spoken about the loss of earning capacity of the claimant. It only speaks about the permanent or partial disability of the claimant, who is a driver. Therefore, it cannot be taken as percentage of disability at 75% of loss of earning capacity. In view of the opinion of both the doctors, being they are not consistent, and the assessment made by the Commissioner appears to be on a higher side, I feel the ends of justice would meet, if the loss of earning capacity is fixed at 50% rather than 70%. Accordingly, the order of the Commissioner is modified as Rs.2,44,144.50 paise rounded off to Rs.2,50,000/- (Rupees two lakhs fifty thousand only). Accordingly, the appeal is allowed. No costs. ________________________ N.R.L.NAGESWARA RAO, J 22-09-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.M.A. No. 1043 of 2011 DATE: 22-09-2011 MR