THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.689 OF 2004 Dated 12-8-2010 Between: A. Sudhershan Goud … . Appellant & Sri Dasharatan Goud & another …Respondents THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.689 of 2004 JUDGMENT: This appeal is filed by the applicant aggrieved by the order dated 6-12-2003 passed in WC No.30 of 2003 by the Assistant Commissioner of Labour, Hyderabad-II. The WC case was filed by the applicant-appellant herein seeking for compensation of Rs.4,00,000/- for the injuries sustained by him in the accident in the course of his employment involving motor vehicle accident while he was working as driver of the lorry bearing No.APR 6878. 2. The facts stated are:-The applicant-appellant herein was working as driver on the lorry bearing no.APR 6878 in the employment of 1st respondent herein and met with an accident on 22-2-2003 involving lorry bearing no.ABT 747. The accident lorry bearing no.ABT 747 dashed the lorry which the appellant was driving. It is stated that as a result of the hit, the appellant sustained injuries to left leg and both hands, abdomen and head injury and was shifted to Gandhi Hospital and he was there in the hospital for 15 days and was operated on his right leg and his knee was removed. It is also stated that the stomach of the appellant was also operated for the injuries. That the appellant was paid a salary of Rs.4,000/- per month as driver besides Rs.100/- daily as batta. The appellant was aged 35 years as on the date of the accident. 3. Heard the learned counsel for the parties. 4. To prove the claim, the appellant was examined himself as PW-1. PW-2 is the doctor who spoke about the injuries sustained and issued the disability certificate. According to the opinion of the doctor (orthopedic surgeon) the disability sustained by the appellant is assessed at 50% and it was partial and permanent in nature and the injuries were grievous in nature. The Court below considering the evidence of the appellant himself and also Exs.A-1 copy of FIR, Ex.A-2 copy of complaint, Ex.A-3 copy of the charge sheet, Ex.A-16 scene of offence panchanama held that the appellant sustained injuries in the accident caused by the accident lorry bearing No.ABT 747 and the appellant sustained the injuries during the course of his employment with the owner lorry. In the absence of any contra evidence adduced, this finding of fact recorded by the Court below does not call for any interference by this Court. 5. Coming to the question of award of compensation, it has come in evidence that as on the date of the accident, the appellant was aged 35 years and he was working as driver of the lorry and was employed with the owner of the lorry which he was driving. Ex.A-10 indicates that the appellant was holding valid driving licence to drive the lorry. The wages of the deceased were fixed by taking the minimum wages, as fixed by the Government of AP in GO Ms.No.30, dated 27-7-2000. By taking into account the minimum wages fixed in GO Ms.No.30, dated 27-7-2000, the appellant was granted a sum of Rs.2,20,067/- which in the facts and circumstances of the case does not warrants any interference by this Court. 6. In the facts and circumstances of the case, there are no merits in this appeal and it is accordingly dismissed. No costs. ____________________ Ghulam Mohammed,J Dated: 12-8-2010 Nrg. THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA No.689 of 2004 12-8-2010