Barkat Ali Zaidi, J. - (1.) Respondent-worker Mohd. Asfaq at Kanpur sustained an employment injury in his left hand on 10.7.1978. He was referred under the provisions of the Employees State Insurance Act, 1948 to the Medical Board for determination of his disablement, in consequence thereof the Medical Board after examining him found 3% permanent loss of his earning capacity awardable to the worker. The said loss was calculated at Rs. 2066.25 which the relevant office of the Corporation paid to respondent-worker as loss of his earning capacity after sending the respondent-worker a letter of information dated 7.10.1980.
(2.) The respondent-worker, thereafter, preferred an appeal No. 81 of 1980 (Mohd. Asfaq v. E.S.I. Corporation) under Section 54-A of the afore noted Act on 23.10.1980 before the Employees' Insurance Court, Kanpur, which the judge allowed partly and thereby modified the decision of the Medical Board to the extent that the worker Mohd. Asfaq will be awarded 5% loss of his earning capacity instead of 3%.
(3.) That is how the Employees' State Insurance Corporation has come up by filing this appeal before this Court.;