THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.M.A. No. 1018 of 2011 JUDGMENT: The appeal is filed against the order dated 21.03.2005 in W.C.No.14 of 2002 on the file of the Commissioner for Workmen’s Compensation and Assistant Commissioner of Labour, Vijayawada, Krishna District questioning the quantum of compensation. The claimant was said to be a driver on the lorry bearing No.AP16W.9393 and he was said to have received injuries on 17.05.2001 while discharging his duties as driver. The claimant has filed the application before the Commissioner for grant of the compensation claiming 100% disability. The insurance company has disputed the nature of incident and the nature of the liability. But, however, after considering the material on record, the Commissioner has found that the claimant was employed by the owner of the vehicle and was received injuries in the motor accident while discharging his duties. Though the amount claimed was Rs.2,00,000/-, the Commissioner has granted a compensation of Rs.3,61,112/-. The learned counsel for the appellant contends that the Commissioner has taken the disability as 100%, which is not proper and there is no proof of the same. Evidently, the injury received by the claimant is a non-schedule injury and under the provisions of Section 4(1)(c)(ii) of the Workmen’s Compensation Act, in order to determine the disability and loss of earnings, the opinion of the doctor has to be taken into consideration. The doctor, who gave the certificate only opined that the disability is only at 45%. There is no certificate showing that the loss of earning capacity is 100% as claimed by the claimant and as decided by the lower Tribunal. In this connection, it is useful to refer the judgments of the Hon’ble Supreme Court reported in National Insurance Co. Ltd. V. Mubasir Ahmed[1] a n d Oriental Insurance Co. Ltd. v. Mohd. Nasir[2], whereunder it is held that unless there is the evidence of doctor with regard to the total permanent disability disabling for taking of any other work, the Court has to take into consideration only the certificate issued by the doctor with regard to the disability. Therefore, in view of the above circumstances, the order of the Commissioner in taking the loss of earning capacity as 100% cannot be sustained and the minimum wages have been applied by the Commissioner. Taking into consideration the above facts, the compensation the petitioner will be entitled is Rs.1,62,500/- (Rs.3,175/- x 60/100 x 189.56 x 45/100) (Rupees one lakh sixty two thousand five hundred only). With the above modification the appeal is allowed. No costs. ________________________ N.R.L.NAGESWARA RAO, J 21-09-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.M.A.No. 1018 of 2011 DATE: 21-09-2011 MR [1] 2007 ACJ 845 [2] 2009 ACJ 2742