ESIC Vs. GAFURBHAI GALALBHAI PARMAR

JUDGEMENT

(1.) Heard learned advocate Mr. S.D. Vasavada on behalf of appellant-Corporation and learned advocate Mr. Daifraz Havewalla for defendant-claimant.

(2.) By way of this appeal under Section 82 of ESI Act, appellant-Corporation has challenged order passed by ESI Court, Ahmedabad in ESI Application 16 of 1997, Exhibit 44 dated September 26, 2006 whereby ESI Court has allowed application filed by defendant-claimant and declared that applicant-claimant is entitled to temporary disablement benefits (TDB) from date of his accident i.e. April 26, 1996 and directed opponent i.e. present appellant-Corporation to refer case of applicant-claimant to medical board for determination of his permanent disablement.

(3.) Learned advocate Mr. Sachin Vasavada raised contention before this Court challenging impugned order passed by ESI Court that in light of facts of present case and in view of provisions of Section-49 to be read with ESI (General) Regulations, 1950, whether ESI Court is right and justified in holding that opponent herein is entitled for temporary disablement benefit and whether ESI Court is right and justified case before Medical Board to decide percentage of permanent disablement? He also raised contention whether opponent was suffering from disease namely neurological symptoms? He has further contended whether ESI Court is right in entertaining ESI application which was not issued before Corporation and without verifying true and correct facts of case that too without explaining reasons in not producing medical insurance certificate as prescribed under Act? He further contended whether ESI Court has properly appreciated evidence on record and whether such accident is considered to be occurred during course of employment and whether injury received by opponent is considered to be employment injury or not?