- (1.) This appeal is directed against judgment dated 27.08.2003 passed by Ld. Judge of the Employees' Insurance Court in ESI appeal no.14 of 2000.
(2.) The appellant is an employee of Hukumchand Jute Mill, a unit of M/s Hooghly Mills Project Ltd., which is covered under the Employees' State Insurance Act, 1948. The appellant suffered serious injury on the right hand in course of his employment at Hukumchand Jute Mill on 08.01.1997. He had to undergo prolonged medical treatment for about six months as an indoor patient of the hospital. As a result of the injury on 08.01.1997, the appellant sustained comminuted fracture in 1st, 2nd, 3rd and 4th Metacarpophalangeal joints of the fingers of the right hand and all phalanges of little finger of the right hand had to be amputated. The appellant suffered permanent partial disability and he was referred to the Medical Board which assessed the loss of earning capacity of the appellant at 6% only. The appellant challenged the decision of the Medical Board before the Employees' Insurance Court by filing the appeal under Section 54A(2) of the Employees' State Insurance Act, 1948. The appellant prayed for enhancement of his loss of earning capacity at 32% before the Employees' Insurance Court by preferring the above appeal.
(3.) The appeal before the Employees' Insurance Court was contested by the respondent, Employees' State Insurance Corporation by filing written objection, wherein the respondent supported the stand taken by the Medical Board, which assessed the loss of earning capacity of the appellant at 6% only.;