VINODBHAI SHIVABHAI Vs. EMPLOYEES STATE INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This appeal u/S. 82 of the Employees State Insurance Act, 1948 (for short 'the ESI Act') has been directed against impugned judgment and order dated 18/10/1996 rendered by the E.S.I. Court, Ahmedabad in Second Appeal No. 78 of 1995.

(2.) It is not in dispute that the appellant was on duty as a Cotton Feeder when he sustained employment injury to his right hand resulting into amputation upto the shoulder joint. The E.S.I. Court awarded 90% disability, whereas the appellant claimed 100% disability. The stages prior to the decision of the Insurance Court would indicate that the medical board assessed 80% disability. Dealing with this aspect of the matter, the E.S.I. Court laid stress on the fact that the appellant's right hand was amputated from below the shoulder and, therefore, it would mean as if the appellant had lost whole of his right hand. He, therefore, referred to item no. 7 of Schedule No.II where 90% disability has been laid down when one hand is lost. That is what the E.S.I. Court has awarded.

(3.) This appeal was placed for final hearing in view of the order passed by this Court to the effect that printing and paper book were dispensed with and the matter should be fixed for final hearing on 12/11/1997. The office note also indicates that the respondent was served with the summons by direct service, but no body filed appearance. However, for the abundant caution this Court directed the matter to be placed by naming one of the advocates usually appearing for the E.S.I. Corporation. Name of Mr. S.P. Hasurkar was notified as per the order dated 3/7/2000 passed by this Court.