REGIONAL DIRECTOR Vs. LAXMAN RUPARAM

JUDGEMENT

(1.) AGGRIEVED by order dated 05.12.2006 passed by the Employees' State Insurance Court, Ahmedabad (for short "E.I. Court") enhancing the percentage of disability suffered by the respondent from 23% to 30% passed in E.S.I. Second Appeal No. 22 of 2005, aggrieved respondent has invoked the jurisdiction of this Court under Section 82(2) of the Employees' State Insurance Act, 1948 (for short "E.S.I. Act"). Undisputedly, while discharging his duties, the respondent suffered loss of two phalanges of finger of his right hand. He, therefore, lodged the claim under Section 54A of the E.S.I. Act after Medical Certificate was obtained wherein the functional loss was assessed at 23%. However, in appeal as stated above, it was revised to 30%.

(2.) THE only contention raised by the learned counsel for the appellant is that in absence of the evidence justifying the enhancement, a substantial question of law as to whether E.I. Court had the jurisdiction to enhance it arises for consideration. It was submitted that there was no complete deprivation of the limb and therefore, E.I. Court was in error in interpreting Entry No. 14 Schedule -II to the E.S.I. Act for such enhancement.