VIJAYKUMAR SUBHASHBHAI BALDANIYA Vs. REGIONAL DIRECTOR

JUDGEMENT

(1.) Heard Mr. Aakash D. Modi, learned advocate for the appellant and Ms. Dimple A. Thaker, learned advocate for the respondent.

(2.) Present appeal under Section 82 of the Employee's State Insurance Act , 1948 ("Act" for short) is preferred to assail the judgment and order dated 19.5.2018 passed by the E.S.I. Court, Ahmedabad in E.S.I. Second Appeal No. 05 of 2018.

(3.) The short facts giving rise to the present appeal are that the appellant was working with M/s. Atlas Foram, as operator in Chemical Plant. He met with an accident on 10.10.2015 during his duty. He sustained injury in his right eye in the accident. He had taken indoor treatment from 10.10.2015 to 27.1.2016 in hospital managed by the respondent corporation. Because of the injury suffered by him, he has lost vision in his right eye. He, therefore, filled a form as required under Section 72 of the Employees State Insurance (General Regulation, 1915 ("Regulation" for short). He was examined by the Medical Board on 1.3.2017 and by order dated 20.3.2017 his disability was assessed at 7 %. He was not happy with the assessment of his disability. He, therefore, preferred an Appeal under Section 54-A of the Act before the Medical Appellate Tribunal, Ahmedabad being Appeal (MAT) No. 77 of 2017. By the judgment dated 28.6.2017, the Tribunal assessed his disability at 10%. The appellant was still not happy with the assessment of his disability. He therefore, preferred Second Appeal under Section 54(A) (2) of the Act and Rule 20-B of the Central Rules being E.S.I. Second Appeal No. 5 of 2018 before the E.S.I. Court Ahmedabad. By the impugned judgment dated 19.5.2018 the E.S.I. Court set aside the disability of 10% assessed by the Appellate Tribunal and assessed the disability of the appellant at 15%. The appellant is not happy with the assessment of the disability by the E,S,I, Court and therefore he has preferred present First Appeal.