HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO C.M.A.No.1034 OF 2011 JUDGMENT: The appeal is filed against the order in W.C.No.167 of 2004 on the file of the Commissioner for Workmen’s Compensation & Assistant Commissioner of Labour-1, Hyderabad, where-under for the injuries received by the petitioner, the Commissioner has granted a compensation of Rs.1,49,861/- against the claim of Rs.2,00,000/-. 2. The applicant is said to have received injuries in a motor accident on 12.05.2004. He claimed a compensation of Rs.2,00,000/- . The Commissioner has taken into consideration the nature of the incident and also the employment of the applicant, but did not accept the wages as claimed by him and fixed the wages as per the Minimum Wages Act and fixed the compensation. 3. The only ground that is agitated by the counsel for the appellant is that the evidence of the doctor shows that there is a 40% permanent partial disability, whereas the Commissioner has fixed at 50% and it is not legal. Evidently, the Commissioner has given some reasons to come to conclusion that there is a likelihood of more disability in earning capacity and even the evidence of the doctor give some allowance of his opinion about the disability. Therefore, as against 40% opined by the doctor and the allowance given by the doctor, fixing of the loss of earning capacity at 50% cannot be said to be arbitrary and I do not find any reason to interfere with the award of the lower Tribunal. Accordingly, the Civil Miscellaneous Appeal is dismissed. There shall be no order as costs. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:16.09.2011 INL