R.D.KOTHARI - (1.)THE Regional Director of Employees' State Insurance Corporation ["ESIC" for short] has filed the present appeal against the order passed by the ESI Court, Ahmedabad, in ESI Second Appeal No. 66/2005, on 15.06.2007.
(2.)THE respondentworkman was working at Arvind Index Ltd. While on duty on 20.2.2001 he had received injuries on his back. For assessing the disability, the workman was referred to the Medical Board, which assessed the disability to the extent of 17%. The workman filed Appeal (MAT) No. 22/2002 before the Medical Appellate Tribunal, which was pleased to reduce the disability to 10% by order dated 12.8.2004. The workman, therefore, filed Second Appeal No. 66/2005 before ESI Court, which restored the order of the Medical Board, by order dated 15.6.2007, against which the Regional Director, ESIC, has filed the present appeal.
Heard learned advocate Mr. Barot for the appellant. Though duly served, nobody appears for the respondentworkman.

(3.)LEARNED advocate Mr. Barot submitted that ESI Court has seriously erred in interfering with the order passed by the Medical Appellate Tribunal. It was submitted that the Medical Board consisted of two doctors, one member of the Labour Union and the Labour Judge. So, the ESI Court ought to have refrained from interfering with the assessment of the disability made by the Medical Board. Learned advocate Mr. Barot also pointed out that the case of the respondentworkman was referred to Medical Referee, however, the workman had not remained present before the Referee. This conduct of the workman ought to have been borne in mind while appreciating the material on record. Mr. Barot also drew the attention of the Court to the opinion of the Medical Referee produced at page 16 of the Paper Book.