Sanjay Misra, J. - (1.) HEARD Sri Saral Srivastava, learned counsel for the appellant and Sri Neeraj Agrawal, learned counsel for the respondents.
(2.) THIS is an appeal under Section 82 of the Employees State Insurance Act, 1948 against the judgement and order dated 24.7.2002 passed in Employees State Insurance Appeal No. 209 of 1993 (Ram Chandra vs. Employees State Insurance Corporation) by the Judge, Employees State Insurance Court, Kanpur Nagar, whereby 15% loss of earning capacity has been awarded to the respondent -workman. This appeal was admitted on the substantial questions of law No. 1 and 2 on 25.9.2002. According to Sri Saral Srivastava, learned counsel for the appellant, the Medical Board, which is Body of Experts as constituted under Regulation 75 of the Employees State Insurance (General) Act, 1950 as such the opinion of the Medical Board was binding on the Employees State Insurance Court. His further submission is that the injury alleged to the shoulder was not in any manner such as to deprive him of its use and hence be considered as a loss to his earning capacity.
(3.) SRI Neeraj Agrawal, learned counsel for the respondent -workman has submitted that the report of the doctor of Lala Lajpat Rai Hospital clearly indicates that there was loss of earning capacity, in view of the injury report and the certificate and therefore, the Employees State Insurance Court has rightly awarded 15% loss in earning capacity and there could be no error found in the impugned award. He further states that the respondent -workman had filed report of the doctor of Lala Lajpat Rai Hospital in support of his claim.;