HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO C.M.A.No.973 OF 2011 JUDGMENT: The appeal is filed against the order in W.C.No.64 of 1997 on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Nizamabad, questioning the quantum of compensation. 2. The claimant was said to be employed as a driver of the auto bearing No.AP 13 U 2415 by the 1st respondent and during the course of employment, he received injuries on 30.08.1996 and he was drawing a salary of Rs.3,000/- per month. The vehicle was insured with the appellant herein and therefore, a compensation of Rs.2,00,000/- was claimed. On considering the material evidence on record, the incident was found to be true by the Commissioner and granted a compensation of Rs.1,59,386/-. 3. But, however, the counsel for the appellant contends that there is no proof of licence for the claimant. The fact that the claimant was employed by the owner of the vehicle and that the incident happened when he was driving the vehicle is not disputed. The Commissioner has therefore, not considered this aspect as there was no positive evidence to prove that the driver had no licence and as the claimant’s licence was lost. However, the learned counsel for the appellant contends that the income of the claimant as assessed by the Commissioner is not correct. Admittedly, there is no proof that the appellant was earning a sum of Rs.3,000/- per month as claimed by him and in the absence of such proof, the Commissioner should have taken into consideration the minimum wages instead of taking approximate salary of the claimant. As on the date of the incident the minimum wages comes to Rs.1,400/- per month and taking into consideration the permanent partial disability opined by the doctor. Hence, the total compensation to which the claimant entitled to is Rs.1,11,570/- (1,400 x 60/100 x 221.37 x 60/100). The appellant will be entitled for the refund of the excess amount if any lying with the Commissioner. Accordingly, the award of the Commissioner is modified. Accordingly, Civil Miscellaneous Second Appeal is disposed of. There shall be no order as to costs. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:16.09.2011 INL