J. N. Hore, J. - (1.) This appeal is directed against the judgment and order dated 27-6-70 passed by the learned Judge, Employees Insurance Court, West Bengal in Case No. 107 of 1968.
(2.) The respondent Hari Hazra an insured labourer filed an application before the learned Judge, Employees' Insurance Court, praying for assessment for the loss of earning capacity to the extent of 30%, arising out of employment injury to his left eye. The respondent works as a machine man of M/s. Angur Jute Mills, District Hooghly. On 15-2-66 he sustained an employment injury in his left eye as a result of which the vision has been badly affected. His case was referred to the Medical Board which after considering the report of the Eye Specialist temporarily assessed the loss of earning capacity at 25%. The Medical Board finally assessed the loss of earning capacity at 1% the respondent challenged the assessment of the Medical Board as entirely erroneous. The appellant contested the suit contending, inter alia, that the final assessment of the Medical Board was binding on the applicant.
(3.) Relying on the decision in Raghuraj Singh v. Divisional Superintendent, Northern Railway, New Delhi, reported in 1968 LIC 48 (All) , the learned Judge has held that partial loss of vision or lessening of vision falls under Entry No. 26 of Part-II of the Schedule I of the Workmen's Compensation Act. He, therefore, allowed permanent partial disablement benefit to the extent of 30% of the full rate of Rs. 175 per diem till his life in accordance with the E.S.I. Act and Regulations, Being aggrieved by the said order, the E.S.I. Corporation has preferred the present appeal.;