E. S. I. C. Vs. T. N. PANDEY

JUDGEMENT

(1.) Heard Shri Rajesh Tiwari, learned counsel for appellant and perused the judgment and order impugned.

(2.) This appeal has been preferred under Sec. 82 of the Employees State Insurance Act, 1948, at the behest of the Employee State Insurance Corporation, has been preferred against the judgment and order dtd. 21/9/1993 passed by Employees Insurance Court, Kanpur in appeal. No. 70 of 1993 awarding 10% loss of earning.

(3.) The factual matrix as necessary for our purpose are that respondent sustained employment injuries on 11/6/1991 in his right eye. The medical board did not considerthe injury as causing any loss of earning capacity, which dissatisfied the respondent herein. The respondent preferred an appeal and has claimed 10% loss of earning capacity which appeal has been accepted by the 1st appellate authority.