REGIONAL DIRECTOR Vs. NATVARBHAI VIRABHAI

JUDGEMENT

(1.) Present first appeal under section 82 of the Employees' State Insurance Act, 1948 (for short the Act) has been filed by the appellant Regional Director, Employees State Insurance Corporation being dissatisfied with the impugned judgment and order passed by the ESI Court in ESI Second Appeal No. 26 of 2012 dated 2.5.2013, whereby it assessed disability of the respondent at 4%. Heard learned Advocates appearing for the parties to the present proceedings and perused the impugned judgment and order.

(2.) Briefly stated the respondent employee met with an accident on 6.3.2009 during his service and sustained injury on his left leg. The Medical Board assessed 0% disability and therefore, the respondent preferred appeal before the Medical Appellate Tribunal (for short the Tribunal) vide Appeal No. 160 of 2011, where the disability was assessed at 4%. Again being dissatisfied with the said decision, the appellant preferred second appeal before the learned ESI Court, Ahmedabad.

(3.) Learned Advocate Mr. Gade for the appellant submits that substantial question of law as to enhancement of percentage of disability without evidence is involved in this appeal and therefore, the appeal requires consideration. In nutshell, a grievance has been raised that the learned ESI Court in second appeal wrongly and illegally confirmed the order passed by the Tribunal assessing 4% disability, as the learned ESI Court cannot go beyond the opinion of the Medical Board or the Tribunal.