EMPLOYEES STATE INSURANCE CORPORATION Vs. HAFIZ KHAN
LAWS(CAL)-1976-5-23
HIGH COURT OF CALCUTTA
Decided on May 13,1976

EMPLOYEES STATE INSURANCE CORPORATION Appellant
VERSUS
HAFIZ KHAN Respondents


Cited Judgements :-

E S I CORPORATION VS. HUSSAIN SAINUDDIN [LAWS(KER)-2007-3-656] [REFERRED TO]


JUDGEMENT

- (1.)This is an appeal by the Employees' State Insurance Corporation under Section 82(2) of the Employees' State Insurance Act (hereinafter referred to as the said Act). On the provisions of section 82(2), the appeal is limited to substantial question of law.
(2.)This appeal arises out of a proceeding which was initiated by the respondent Hafiz Khan on an application under sections 75 (1)(e) and (g) and 75 (2)(f) of the said Act before the Employees' Insurance Court, West Bengal. The proceeding was so initiated for the determination of loss of earning capacity and the assessment of permanent disablement benefit. The respondent in course of his employment sustained an injury in his right eye on February 9, 1967. According to him, such injury resulted in permanent loss of vision of the said eye and consequently loss of earning capacity which would entitle him to get permanent disablement benefit under the provisions of the said Act. It is however, not in dispute that prior to the said proceeding before the tribunal, a similar claim on the basis of the same injury made by the respondent to the Corporation was referred to the medical board constituted under the Act for determination of the issue as to extent of disablement and compensation therefore. Admittedly the decision of the medical board was against the respondent's claim. The medical board came to the conclusion that the respondent has suffered no permanent disablement and the percentage of loss of earning capacity was nil. This position was acknowledged by the respondent in his application and in the said application to the Employee's Insurance Court, the respondent disputed the correctness of the decision so arrived at by the medical board. The respondent pleading permanent disability in respect of his vision claimed compensation at 30% in accordance with entry No. 32 of the second schedule.
(3.)This claim was contended by the appellant Corporation before the Employees' Insurance Court. Specific defence was taken in the written statement filed by the Corporation that the assessment made by the medical board is not only correct but is final and binding between the parties and as such the respondent was not entitled to claim any compensation whatsoever. This objection was pressed at the hearing. The learned Judge presiding over the Employees' Insurance Court, however, took the view that the report of the Medical board is at best a piece of evidence which has to be considered along with other evidence and circumstances and such report does not conclude the issue at all. Judging in this light, learned Judge rejected the report in the light of other evidence and came to the conclusion that the respondent partially lost his vision because of injury in his right eye which would entitle him to claim compensation at 30% in terms of entry 32 of second schedule. He made an award accordingly on July 7, 1969, and that award is the subject matter of challenge in this appeal before us.
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