THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.M.A. No. 714 of 2011 JUDGMENT: The appeal is filed against the order dated 27.02.2004 in W.C.No.113 of 2003 granting compensation of Rs.3,78,696/- consequent on the injuries received by the petitioner in a motor accident. The petitioner is said to be an auto driver and on 19.05.2003 at about 3.00 PM when the petitioner was proceeding from Vardhipatla to Halya near Pakthi thanda cross roads, the auto turned due to burst of the tire and the petitioner received multiple injuries and the 1st respondent was the owner and the appellant herein is the Insurance Company. A claim was made before the lower Tribunal for about Rs.4,00,000/- and after considering the material on record, the lower Tribunal has granted the above compensation. Questioning the same, the present appeal is filed. The insurance of the vehicle and the nature of the incident are not seriously disputed. However, the lower Tribunal has considered the evidence of A.W.1 and A.W.2 and also the documents Exs.A-1 to A-22 and found that the petitioner received multiple injuries and also disability though the doctor is said to have been given disability certificate of 40%. The lower Tribunal in its reasons in para-22 found that there was 100% loss of earning capacity. The learned counsel for the appellant contended that the determination of 100% loss of earning capacity when the doctor’s opinion is only disability of 40% is an error and cannot be accepted. But, however, taking into consideration the fact that the lower Tribunal while assessing the compensation has only fixed the disability at 60% and granted the compensation. Evidently, the petitioner is a driver and the nature of the injuries received by him cause disability and restriction of movements. Therefore, the margin of disability given by the lower Tribunal cannot be said to be excessive and, therefore, the award passed by the lower Tribunal does not call for any interference. Accordingly, the appeal is dismissed. No costs. ________________________ N.R.L.NAGESWARA RAO, J 26-07-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.M.A. No. 714 of 2011 DATE: 26-07-2011 MR