EMPLOYEES STATE INSURANCE CORPORATION Vs. RAJDEO

JUDGEMENT

(1.) This is an appeal under Section 82 of the Employees State Insurance Act (hereinafter referred to as the Act) against the order passed by the Judge, E.I. Court, Kanpur in Appeal No. 49 of 1996 dated 11.12.2000.

(2.) The brief facts of the case are that the respondent was employed as a labourer in Muir Mill Kanpur. He in the course of employment on 22nd of August 1995 received employment injury in his right leg and the bone of the right leg was fractured. He was on certified leave from 23.8.1995 to 17.11.1995. The first Medical Board vide its report dated 26th April 1994 found that on account of fracture in the right leg, the movement of the knee is restricted with the result the respondent is entitled for 10 percent temporary partial disablement for a period of three months. After three months the respondent was examined by the second Medical Board who gave report dated 6th of August, 1996. This time the. Medical Board found 5% permanent disability. Aggrieved against the aforesaid order of the Medical Board an appeal was filed before the Judge E.I. Court claiming 35 percent loss of earning capacity. The Judge E.I. Court by its order dated 11.12.2000 has awarded 15% permanent loss of earning capacity. This order of the E.I. Court is under challenge in appeal.

(3.) Heard the Counsel for the parties and perused the record.