REGIONAL DIRECTOR Vs. DADAN NANU YADAV

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.87 of 2011 dated 9.1.2013, whereby it assessed disability of the respondent at 25%.

(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 on 17.2.2010 during his service and sustained multiple burn injury. The Medical Board assessed 0% disability and therefore, the respondent preferred appeal before the Medical Appellate Tribunal (for short the Tribunal) vide Appeal No.264 of 2011, where the disability was assessed at 12%. Again being dissatisfied with the said decision, the respondent preferred second appeal before the learned ESI Court, Ahmedabad claiming 50% disability.