REGIONAL MANAGER Vs. HARISHBHAI DAHYABHAI

JUDGEMENT

(1.) PRESENT first appeal under section 82 of the Employees' State Insurance Act, 1948 (for short "the Act") has been filed by the appellant Regional Director, Employees State Insurance Corporation being dissatisfied with the impugned judgment and order passed by the ESI Court in ESI Second Appeal No.153/2012 dated 14.12.2012, whereby it assessed disability of the respondent at 3%.

(2.) HEARD learned advocates appearing for the parties to the present proceedings and perused the impugned judgment and order.

(3.) BRIEFLY stated the respondent employee met with an accident during his service and sustained fracture on his waist. The Medical Board assessed 0% disability and therefore, the respondent preferred appeal before the Medical Appellate Tribunal (for short "the Tribunal") vide Appeal No.199 of 2012, where the disability was assessed at 1%. Again being dissatisfied with the said decision, the respondent preferred second appeal before the learned ESI Court, Ahmedabad claiming 5% disability.