disablement of 30% sustained by the applicant which is in the form of Compound ankle injury fracture, fracture tarcel bone, compound fracture right femur, CLW to great tow of right leg, abrasions over abdomen, to the extent of fracture shaft femur 10%, right knee stiffness 10%, and due to ankle and foot injury 10%. The applicant cannot drive heavy vehicle like luxury bus as a driver due to the permanent disability. Considering the nature of the said disablement percentage-wise as described by witness Dr. Jadhav, learned counsel appearing for respondent-insurer has rightly submitted that the applicant can drive any other vehicle including L.M.V. excluding heavy vehicle like luxury bus. In view of the evidence of witness Dr. Jadhav and in the light of the above submissions, I find no fault in the observations made by the learned Commissioner that because of the aforesaid disablement to the extent of 30% earning capacity of the applicant was affected to the extent of 50%. However, if the wages of the applicant considered at Rs.2,000/- p.a. redetermination of the compensation as awarded by the commissioner is required to be done.
