E. DHARMA RAO, J. ( 1 ) THESE two civil miscellaneous appeals were preferred by oriental Insurance Co. Ltd. , Vijayawada, aggrieved by the orders dated 22. 3. 1993 passed by the Commissioner for Workmen s Compensation, Nalgonda, in W. C. No. 43 of 1992 filed by Koningi Kondal, driver of the lorry bearing No. AIK 3186 belonging to the respondent No. 2 herein and W. C. No. 27 of 1992 filed by Bajaru govinda Rao, cleaner of the said lorry, whereby the Commissioner for Workmen s compensation has awarded the sum of rs. 98,530 and Rs. 70,495. 75 respectively for the injuries sustained by them in a motor vehicle accident, which occurred during the course of the employment with the respondent No. 2 herein, on 1. 4. 1991 while the vehicle was proceeding from kodad to Nalgonda Market with a load of paddy and when it reached near Dandempalli bus stand it turned turtle, as a result of which the respondent No. 1 in both the appeals sustained fractures and injuries. ( 2 ) IN both these appeals, the Commissioner has included the batta paid to the workmen in the salary, holding that batta is also a part and parcel of the salary and converted the percentage of disability as total disability and awarded compensation. Questioning the above two findings of the commissioner, the present appeals are filed. ( 3 ) THE learned counsel for the appellant in both the C. M. As. contended that the commissioner has converted partial disability into cent per cent disability and determined the salary of the workman including batta paid and granted compensation. He further contended that so far as the conversion of partial disability into 100 per cent disability is concerned, this court in New India Assurance Co. Ltd. v. Sammayya, 1997 ACJ 185 (AP), has held that only the disability certificate produced is not sufficient to compute compensation. He further contended that the respondent workman has to examine the doctor who issued the certificate. ( 4 ) HE further relied on a decision of this court in National Insurance Co. Ltd. v. Mohd Mujataba Khan, 1993 ACJ 542 (AP) and contended that the Commissioner for workmen s Compensation has erred in including the batta in the wages of the workman for calculating the compensation. Arguing so, he sought interference of this court. ( 4 ) HE further relied on a decision of this court in National Insurance Co. Ltd. v. Mohd Mujataba Khan, 1993 ACJ 542 (AP) and contended that the Commissioner for workmen s Compensation has erred in including the batta in the wages of the workman for calculating the compensation. Arguing so, he sought interference of this court. ( 5 ) TO appreciate the contentions raised by the learned counsel for the appellant, I have gone through the facts and circumstances of the case. ( 6 ) IT is evident that the doctor who issued disability certificate was not examined, therefore, I have no hesitation in holding that unless the doctor who issued disability certificate is examined, the said document cannot be taken judicial notice. That apart, when the workman has failed to establish that he was unable to do the work as he was doing prior to the occurrence of the accident due to the injuries sustained in the accident, the permanent partial disability cannot be converted into cent per cent disablement and award the compensation. ( 7 ) IT is also settled principle of law that batta paid to the workman cannot be included in the wages in computing the compensation, inasmuch as the amount is paid to cover any special expenses incurred by him due to the nature of his employment. Therefore, following the above two decisions of this court, the orders passed by the Commissioner are liable to be set aside and are accordingly set aside. ( 8 ) IN C. M. A. No. 748 of 1993 (W. C. No. 43 of 1992) the Commissioner has converted 25 per cent disability into 100 per cent disability and assessed the wages of the workman at Rs. 1,000 inclusive of batta. Therefore, having regard to the decisions of this court, i hold that compensation has to be reassessed taking the wage of the workman as Rs. 800 and disability as 25 per cent only. It is not disputed that the workman was aged 35 years at the time of accident. Therefore, the total compensation payable to the claimant conies to rs. 19,900. Accordingly the order of the commissioner is modified reducing the compensation amount from Rs. 98,530 to Rs. 19,900. 800 and disability as 25 per cent only. It is not disputed that the workman was aged 35 years at the time of accident. Therefore, the total compensation payable to the claimant conies to rs. 19,900. Accordingly the order of the commissioner is modified reducing the compensation amount from Rs. 98,530 to Rs. 19,900. ( 9 ) COMING to the C. M. A. No. 750 of 1993 (W. C. No. 27 of 1992), the Commissioner has converted 40 per cent disability into 100 per cent disability and assessed the wages of the workman at Rs. 650 inclusive of batta of Rs. 10 per day. Therefore, having regard to the decisions of this court, i hold that the compensation has to be reassessed taking the wage of the workman as Rs. 500 and disability as 40 per cent only. It is not disputed that the workman was aged 25 years at the time of accident. Therefore, the total compensation payable to the claimant comes to Rs. 21,691. Accordingly, the order of the Commissioner is modified reducing the compensation from Rs. 70,495. 75 to Rs. 21,691. ( 10 ) IN the result, both the appeals are partly allowed reducing the compensation as indicated above. No costs. Appeals partly allowed.