REGIONAL DIRECTOR Vs. SIYARAM BIHARI PAL

JUDGEMENT

(1.) The present First Appeal is filed by the Appellant - 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. Second Appeal No.44 of 2012 and E.S.I. Second Appeal No. 71 of 2012 dated 3.5.2013 posing the substantial questions of law as follows:

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

(3.) Learned Advocate Shri Shashikant S. Gade has referred to the judgment of the ESI Court and submitted that the court has no jurisdiction to assess the disability, and therefore, the court below has committed an error. He submitted that the assessment of the disability is made on the basis of assessment and guess work without any supporting material and evidence. He also referred to Schedule 2 of the Act which defines disability. He pointedly referred to the injuries at Srl. No. 28 and submitted that at the most, it could be 50%. The injury at srl. no. 28 provide: