REGIONAL DIRECTOR Vs. B.SAMPATH

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the order passed by the Presiding Officer, ESI Court, Puducherry in ESI.OP.No.11 of 2010 allowing 100% permanent disability, thereby awarding 100% permanent disability as per the ESI Act.

(2.) Aggrieved over the order passed by the Presiding Officer, ESI Court, Puducherry in ESI.OP.No.11 of 2010 allowing 100% permanent disability, the present Civil Miscellaneous Appeal is filed on the following grounds;

(3.) According to the learned Senior Counsel appearing for the appellant, the ESI Court has found that the claimant has not filed any document to show that he has sustained any injury on the eyes while he was doing work, so, in the absence of any convincing material evidence, the disability cannot be termed as an 'Employment Injury'. The tribunal, having found that the claimant has not clearly proved that the loss of vision is due to employment injury, but it is due to occupational disease and the claimant is entitled to disability benefit for the occupational disease, such finding is contrary to law.