REGIONAL DIRECTOR ESIC Vs. KANTILAL JESHAJI RANA

JUDGEMENT

(1.) DESPITE repeated calls, the respondent is absent. The appellant -original respondent questions the judgment and order dated 08.06.2007, whereby the Employees' State Insurance Court, Ahmedabad (for short "E.I. Court") in E.S.I. Second Appeal No. 18 of 2005 enhanced the percentage of disability fixed by the Medical Appeal Tribunal (for short "M.A.T.") from 10% to 20%. The respondent sustained injuries including left hand fracture while discharging his duties. He, therefore, obtained Medical Certificate from the Medical Board and lodged the claim. The Medical Board assessed zero percent functional disability whereas in appeal to Medical Appellate Tribunal, it was assessed at 10% and in the Second Appeal, E.I. Court enhanced to 20%.

(2.) THE only argument advanced by the learned counsel for the appellant is that the impugned judgment and order was based upon no evidence at all and against that expert body comprising of doctor and medical expert had made assessment after thoroughly examining the respondent. It was argued that in absence of other medical evidence questioning such assessment, E.I. Court was in error in enhancing disablement as aforesaid.