REGIONAL DIRECTOR Vs. AMARPAL SINGH BHAGWATI PRASAD

JUDGEMENT

(1.) THE present First Appeal is directed against the judgment and order dated 29.09.2010 passed by the learned Employees' State Insurance Court, at Ahmedabad in ESI Second Appeal No.9 of 2008 in Appeal (M.S.T.) No.103 of 2003 whereby ESI Second Appeal No.9 of 2008 was partly allowed by increasing disability to 60% from 26% caused to the respondent-employee.

(2.) THE short facts leading to filing of this First Appeal are such that the respondent-employee preferred an Appeal (M.A.T.) No.103 of 2003 under Section 54-A of the Employees' State Insurance Act, 1948 before the Medical Appellate Tribunal at Ahmedabad being Appeal (M.A.T.) No.103 of 2003 against the decision of medical board assessing the respondent-employee's disability at 26%. THE said Appeal came to be dismissed by the Medical Appellate Tribunal by its order dated 29.01.2004. It is against this order, the respondent-employee preferred ESI Second Appeal No.9 of 2008 before the learned Employees' State Insurance Court, at Ahmedabad. THE learned Employees' State Insurance Court by its order dated 29.09.2010 partly allowed the ESI Second Appeal No.9 of 2008 and increased the disability upto 60% from 26% assessed by the Medical Appellate Tribunal.

(3.) LEARNED counsel appearing for the respondent has supported the decision of Employees' State Insurance Court, at Ahmedabad in Second Appeal No.9 of 2008.