EMPLOYEE'S STATE INSURANCE Vs. ABDUL RASHID

JUDGEMENT

(1.) THIS is an appeal under Section 82 of the Employees' State Insurance Act, 1948 against the order of the Employees' Insurance Court, Kanpur dated 9th November, 1987, passed in Appeal No. 141 of 1987.

(2.) ABDUL Rashid, an insured person, the employee of M/s. Elgin Mills No. II on or about 16th August, 1985 received employment injury in his left wrist. The Medical Board in its decision dated 15th July, 1985 found that there being no mark of injury on left wrist and palm and there being no restricted movement and there being no loss of earning capacity permanently, the employee concerned is not entitled for any award. This decision of the Medical Board was challenged by the employee, namely Abdul Rashid in the appeal before the Employees Insurance Court, wherein he has been awarded 15% loss of earning capacity permanently. Aggrieved against the aforesaid order the present appeal is at the instance of Employees' State Insurance Corporation.

(3.) THE Employees' Insurance Court awarded 15% loss of earning capacity permanently simply on the basis that from the report the fracture at left metacarpal is evident. On this basis it passed the order under appeal.