BARKAT ALI ZAIDI, J. - (1.) IT is now 24 years since the respondent-employee at Kanpur, sustained a blunt injury in his right eye resulting in diminution of the vision and has still not been granted compensation.
(2.) IT is not in dispute that the respondent-worker who was referred to an Eye Surgeon at L.L.R. Hospital, Kanpur on examination of his eyes (Government Hospital) had found that there was 6/36 loss of vision in the right eye as a result of that injury. The respondent worker was thereafter referred to the Medical Board for determination of question of disability but the Medical Board was of the opinion that there was no disability due to the aforesaid injury and in consequence whereof, no loss of earning capacity, provisionally or finally. The respondent worker, challenged the aforesaid decision of the Board by filing an appeal as provided in Section 54A of Employees' State Insurance Act, 1948 and the E.S.I. Court reversed the view of the Medical Board, placing reliance on the report of the eye specialist and held that the employment injury suffered by the respondent-worker fell within the purview of Entry No. 32 of the Second Schedule of the E.S.I. Act and the worker was entitled to 30% loss of earning capacity.
(3.) THIS is how, the appellant E.S.I. Corporation has come up in this appeal before this Court.;