This is an appeal preferred under Section 30 of the Workmens Compensation Act, 1923 by the claimant aggrieved by the quantum of compensation awarded by the Commissioner.

2. The claimant was working as driver of a truck owned and belonging to the 1st respondent bearing Regn. No. ABG 7979. The 2nd respondent is the insurer of the said vehicle. The claim has been laid seeking compensation of Rs. 1 lakh for the disability suffered by the appellant due to the accident that had occasioned on 19-6-1991, at about 3 a.m. on Nagavali bridge, while he was bringing a commercial freight of local loaded at Cuttack to be transported to Macherla in Guntur District. In the accident, the cleaner of the truck has died on the spot while the appellant suffered a fracture to his left leg and injuries to his head. The accident was reported at Amudalavalasa Police Station and the appellant was initially admitted to Government Hospital, Srikakulam and therefrom he has been shifted to Government General Hospital at Guntur on 24-6-1991. He underwent treatment for nearly one month and he was operated upon for the fracture, requiring insertion of steel rods for support. He was aged about 30 years at the time of accident and that he was paid wages of Rs. 1300/- per month with Rs. 10/- per day as batta for every working day apart from being paid 2% of the collected amount for the commercial freight carried. Apart from examining himself, Dr. Vijayabhaskar, an Orthopedic surgeon has been examined as A.W.2. He has also got marked Exs. A-1 to A-16. Ex. A-1 is the copy of the FIR registered by Amudalavalasa Police Station. EX.A-2 is the statement of the appellant recorded by the said police. Ex. A-3 is the wound certificate while Ex. A-4 is the Motor Vehicle Inspectors check report at the vehicle bearing Regn. No. ABG 7979, Ex. A-5 is the copy of the charge sheet filed by Amudalavalasa police against the appellant on the file of the Judicial First Class Magistrate, Amudalavalasa. Ex. A-6 is the driving licence of the appellant. Ex. A-7 is the OP Chit issued by the Government General Hospital at Guntur. Ex. A-8 to A-15 are the medical bills. Ex. A-16 is again the OP Chit issued by the Government Hospital. Though no witnesses have been examind on behalf of the 2nd respondent - insurance company, the subsisting insurance policy of the vehicle has been got marked as Ex. B-1.

3. The fact that the accident had occasioned during the course of employment on 19-6-1991 is held established. It is also further established that the appellant had been admitted to the Government District Headquarters Hospital at Srikakulam on 19-6-1991 and subsequently he has been shifted to the Government General Hospital at Guntur on 24-6-1991 and that he remained as an inpatient there til1 23-7-1991. He was operated upon on 3-7-1991. He was -once again admitted and operated upon on 9-12-1992 for removing the nail which has been inserted earlier. A.W.2 who is a qualified Orthopedic Surgeon has been examined on 16-8-1993 before the Commissioner. The doctor has deposed that the patient was approximately 35 years old and fracture of the shaft of the left femur, though healed and united well, has resulted, however, in limitation of rotation of the left hip joint. The doctor has also found that the terminal degrees of rotations of the left hip are painful. He has therefore certified that 30% partial and permanent disability to have been suffered by the patient. The Doctor has opined that he wi!1 not be able to drive a truck again. Therefore, the entitlement for payment of compensation is the only question which requires to be considered.

4. The Commissioner has, therefore to determine the extent of disablement suffered by the workman and the resultant compensation payable to the appellant/ workman. The statement of the appellant that he was earning Rs. 1,300/- per month as wages was not believed, for, he has not produced any documentary evidence in that regard. Therefore, the minimum wage fixed