IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE 11TH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.M.A.No.526 OF 2007 Between:- The Management, Asian Metal Printers and Containers (P) Ltd., Rep. by its Director. …Appellant A n d Ramesh Das …Respondent HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.M.A.No.526 OF 2007 JUDGMENT: This appeal is directed against the order dated 07-05-2007 in W.C.No.5 of 2006, on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Ranga Reddy District-II, Hyderabad, wherein the claim of respondent-workman was allowed-in-part, awarding compensation of Rs.1,05,575/-. 2. Heard the learned counsel for the appellant and the learned counsel for the respondent. Perused the records. 3. It is not disputed that the respondent was employed as sweeper in the company of the appellant and as such he was a workman within the meaning of the Workmen’s Compensation Act. R.Ws.1 and 2, the Supervisors examined by the appellant herein, testified that the applicant was employed by the company as a sweeper. R.W.2 further testified that the respondent, being an unskilled workman, was getting a salary of Rs.2,000/- per month. It is not disputed that the accident occurred during the course of employment and the respondent-workman suffered amputation of right thumb. The medical evidence Ex.A-1 produced from the NIMS Hospital also would show that the respondent suffered amputation of right thumb. Ex.A-1 also shows that the respondent was aged 24 years. Having regard to the fact the respondent was aged 24 years and was getting a salary of Rs.2,000/- per month, the learned Commissioner by applying the relevant multiplying factor ‘218.47’ and taking the loss of earning capacity at 40%, estimated the compensation at Rs.1,04,865/-. The said amount of compensation awarded by the learned Commissioner cannot be considered to be excessive or unreasonable, having regard to the serious nature of the injury sustained by the respondent, which has resulted in amputation of his right thumb, a vital organ of the body. 4. Under those circumstances, it is held that the impugned award passed by the learned Commissioner is not liable to be interfered with and the same is accordingly confirmed. 5. In the result, the civil miscellaneous appeal is dismissed. There shall be no order as to costs. ____________________ G.V.SEETHAPATHY, J 11th November, 2009 Lrkm.