EMPLOYEES STATE INSURANCE CORPORATION Vs. AKHTAR

JUDGEMENT

(1.) HEARD P. K. Asthana, learned counsel for the appellant. No one has put in appearance on behalf of the claimant-respondent despite the service of notice being sufficient upon him. The appeal is directed against the order of the Employees Insurance Court dated April 29, 1988 passed in appeal No. 65 of 1988 Akhtar v. Employees State Insurance Corporation Kanpur.

(2.) THE claimant respondent was an employee of the Elgin Mill. It is said that he suffered injury in his right knee while on duty on June 29, 1987. Admittedly, the said injury is non-schedule injury. The Medical Board disallowed the claim of the claimant respondent vide order dated December 16, 1987. The said order was impugned in the appeal. The appellate Court has allowed the appeal partly and has determined the loss of earning capacity of the claimant-respondent to the extent of 5%.

(3.) LEARNED counsel for the appellant has raised a substantial question of law as to whether the appellate Court was justified in superceding the decision of the medical board without there being any evidence to substantiate the loss of earning capacity of the claimant respondent?