GOVINDSINGH FULSINGH RAJPUT Vs. REGIONAL DIRECTOR

JUDGEMENT

(1.) The present Appeal is finally heard today. It is the case of the appellant that he was working as labourer in a company named Heim-Line Textile Export Private Limited and was holding an insurance policy. It is the further case that on 25/12/2012, when the appellant was working on a machine, at that time, the right hand of the appellant faced an accident, due to which, his four fingers of the right hand along with half of the palm were crushed. Further, due to the said accident, there was permanent stiffness in the thumb of the appellant and the palm also became dis- functional. The present appellant's case was thereafter sent to the Employees State Insurance Corporation whereby the Medical Board, vide its order/communication dtd. 19/7/2013, was pleased to assess the disability of the present appellant at 50%. Being aggrieved and dissatisfied with the assessment of the permanent disability at 50%, the appellant herein preferred an appeal being M.A.T. Appeal No.149 of 2017 before learned Medical Tribunal(Appeal), Ahmedabad. The learned Tribunal, after considering the pleadings and the documents placed on record, assessed the disability of the appellant to be at 57%. Aggrieved by the order passed by learned Medical Tribunal (Appeal), Ahmedabad, the appellant herein preferred E.S.I. Second Appeal No.9 of 2019. By impugned order dtd. 24/7/2019, the learned E.S.I. Court was pleased to reassess the disability of the appellant and held that the permanent disability should be considered at 65%. Aggrieved by the same, the appellant has preferred the present First Appeal.

(2.) Heard learned advocates for the respective parties.

(3.) Learned advocate Mr. Jucky Lucky Chan appearing for the appellant submits that in view of accident of the appellant, his right hand has become dis-functional and he cannot do any work with right hand. He submits that the appellant was working as an operator of the machine and therefore, with this accident, he cannot work on the machine and that his disability should be considered at 100%.