REGIONAL DIRECTOR Vs. GOVINDBHAI MOTIBHAI

JUDGEMENT

(1.) THE Regional Director, Employees State Insurance Corporation, Ahmedabad, has preferred the present Appeal under Section 82 of the Employees State Insurance Act, 1948 (hereinafter referred to as the E.S.I. Act ). Thereby, the appellant has sought to challenge judgment and order dated 08.12.2000 passed by Employees Insurance Court, Ahmedabad in Second Appeal (E.S.I.) No. 2 of 1998.

(2.) BY the impugned judgment, the E.S.I. Court, partially allowing the Appeal of the employee, set aside order dated 26.12.1996 of the Medical Appeal Tribunal in Appeal(M.A.T.)No. 238 of 1996 and declared that the disability of the employee concerned was to be assessed at 50%.

(3.) THE facts in the background are that the respondent -employee was working as Ring Piecer under the Mehendra Mills Limited, Kalol in the spinning department of the said mill. He was a insured person bearing Insurance No.37 -929173. On 06.01.1995, when he was acting in course of his employment, while discharging employment duties, a machine fell down on him. Due to falling down of the machine, the respondent -employee suffered injuries on his left keen, on the neck and on his head.