REGIONAL DIRECTOR Vs. GANGARAM TUKARAM BAGATE & ANOTHER

JUDGEMENT

(1.) The present First Appeal has been preferred by the Appellant / Original Respondent No.1 - Regional Director, Employees' State Insurance Corporation under Sec. 82(2) of the Employees' State Insurance Act, 1948 being aggrieved with the impugned judgment and order in E.S.I. Application No.1/1999 by the E.S.I. Court dated 3.9.2014 posing the substantial questions of law as follows:

(2.) The facts of the case briefly summarized are that on 18.11985 in the night shift when the Respondent / Original Claimant was working, his right hand was dragged in the machine resulting in injury, for which he was treated as stated in detail and had a permanent disability of 50%. The workman had therefore preferred the aforesaid E.S.I. Application claiming that it should be treated at 100% disability as it has affected his earning capacity. The ESI Court on the basis of appreciation of material and evidence and also considering the statutory provision and the Second Schedule Part-II, which provide;

(3.) Heard learned Advocate Shri Shashikant S. Gade for the Appellant.