BARKAT ALI ZAIDI, J. - (1.) The respondent who is an employee in a factory, suffered injury in his right ear and was referred by the Corporation to the Medical Board for Medical Examination for determination of his disablement as postulated in Section 54-A of the 'Employees State Insurance Act, 1948' (hereinafter referred to as the 'Act') read with Regulation-72 of the year 1950 under the Act.
(2.) The Medical Board in its report dated February 20, 1992 noted that the test does not reveal hearing loss and there was no disablement injury, and, therefore, the employee was not entitled to any disablement benefit. The employee then went before the Employees State Insurance Court, Kanpur. He did not file an appeal before the Medical Appellate Tribunal against the decision of the Medical Board because he had the option to go straight to the Court by virtue of the provisions as contained in Clause-II sub-section (2) of Section 54-A of the Act. The provision is as follows : "(2) If the insured person or the Corporation is not satisfied with the decision of the Medical Board, the insured person or the Corporation may appeal in the prescribed manner and within the prescribed time to- (i) the Medical Appeal Tribunal constituted in accordance with the provisions of the regulations with a further right of appeal in the prescribed manner and with in the prescribed time to the Employees Insurance Court, or (ii) the Employees Insurance Court directly."
(3.) Before the Employees Insurance Court, the respondent filed a report of his examination of his ear of L.L.R. Hospital, Kanpur which stated that there was approximately loss of 40 dts. of hearing because of injury. The learned Judge accepted the report of L.L.R. Hospital in part and held that there was 30% loss of earning capacity of the employee permanently and set aside the decision of the Medical Board.;