( 1 ) THE applicant filed this civil miscellaneous appeal questioning the order of the Commissioner for Workmen s compensation, Guntur, in W. C. No. 247 of 1992 dated 2. 9. 1993 in so far as it went against the contention of the appellant in not agreeing to the loss of earning capacity as 100 per cent. The respondent No. 1 is the owner of the offending lorry. The respondent No. 2 is the insurance company.

( 2 ) THE brief facts of the case are that the appellant was appointed as a cleaner by the respondent No. 1 on his lorry bearing no. ADB 9176 and he received personal injuries on 19. 8. 1992 by an accident arising out of and in the course of his employment and the lorry was covered by the insurance. The appellant while travelling as the cleaner from Pamarru to Guntur on 19. 8. 1992, in the course of his employment the said lorry hit on his back side at Madira Hotel, Kaza village and the appellant received itijuries on his thumb and also his right leg and his thumb was amputated and he underwent operation to his right leg. At the time of the accident, he was aged about 23 years. The right leg was operated and the thumb of the appellant was removed and thus stated that he lost complete earning capacity and disability was 100 per cent.

( 3 ) AS far as the quantum of the earning capacity is concerned, the appellant is not disputing but only learned counsel for the appellant submitted that as per the oral and documentary evidence available on record, the loss of earning capacity is 100 per cent and the order of the Commissioner for workmen s Compensation, taking the loss of the earning capacity as 60 per cent alone is illegal and contrary to the Workmen s compensation Act and the judgments of the courts.

( 4 ) THE appellant was examined as AW 1 and Dr. P. Narasimham as AW 2. The appellant deposed that the accident occurred on 19. 2. 1992 at Nagarjuna University, while he was in the course of employment as a cleaner of the lorry bearing No, ADB 9176 and the police registered an F. I. R. which is marked as Exh. A-l by the mangalagiri Rural Police Station and the charge-sheet was also filed which is marked as Exh. A-2 and Exh. A-3 is the wound certificate. The appellant was admitted to the Government Hospital, Guntur and he was treated there for four months as in-atient and the injuries sustained by him to his left leg and left bone was fractured and left great toe was amputated. Due to the injuries, he is not able to attend to the duties and he was removed from the duty after the accident and, thus, he is suffering total loss of salary as cleaner. Though the appellant claimed that he was drawing a salary of Rs. 1,000 per month, the Commissioner for Workmen s Compensation has arrived at a conclusion that the appellant was drawing only Rs. 800 per month and fixation of monthly salary at Rs. 800 has been accepted and not disputed by any of the parties.

( 5 ) DR. P. Narasimham, who has treated the appellant was examined as AW 2, has stated at that time, he was working as Professor of Orthopaedics and Civil Surgeon at GGM, Guntur and the appellant was admitted on 19. 8. 1992 with multiple injuries with in-patient No. 19743. X-ray was taken and the appellant sustained fractures of both bones of left leg, left foot fracture, left great toe was removed on 25. 8. 1992. At that time, long leg plaster of paris was given with some limp. On 12. 9. 1992, the manipulation was given on the anaesthesia and re-applied the long leg P. O. P. casting for the fracture of left leg. On 26. 9. 1992, once again reinforced the long leg P. O. P. casting so also on 30. 9. 92. On 20. 10. 1992 skin-grafting was done to the left foot. On 24. 11. 1992, re-manipulation was done to the fractured left leg, long leg POPC was given. On 1. 12. 1992 osteoclasis of both the fractured bones of the left leg was done and re-application of POPC was done and he was discharged on 10. 12. 92 with necessary instructions for further follow up. On his examination, ther