AVINESH KUMAR YADAV Vs. EMPLOYEES STATE INSURANCE

JUDGEMENT

(1.) THIS is an appeal under Section 82 (1) of the Employees State Insurance Act, 1948 against an appellate order fixing disability of the appellant at 60% and allowing his compensation for the same.

(2.) APPELLANT was Machinist in the Indian Telephone Industries, Naini, Allahabad. On 29thJune, 1981 he was victim of accident and sustained employment injury. Medical Board alter considering the X-ray report and clinically examining the appellant found that there was reduction of inter vertibral disc space between T 11 and T 12 with anterior wedging of T 12 vertibra and fixed the disability of the appellant at 40%. Being aggrieved, appellant preferred appeal to the Employees Insurance Court, Kanpur. Before the Court there was medical evidence of reduction of inter vertibral disc space between T 11 and T 12 with anterior wedging of T 12 vertibra and slight bending in the spinal chord in thoraxic lumber region. There was also medical note that appellant was unable to stand up. He could walk with the support of stick. Learned Employees Insurance Court observed in judgment" due to this spacing the appellant has to walk haltingly and there is permanent ankylosis of the back bone from its lower end near waist. Then the learned said Insurance Court said in the judgment "the bare outlook of the condition of the insured person reveals that he is bending from its waist parallel to the earth". The learned Court, however, seeing the condition of the appellant was of the opinion that near about 2/3rd of his earning capacity had been lost and not the total. Appellant could move haltingly and was not totally disabled. But the learned Insurance Court allowed 60 % compensation.

(3.) IT is argued on behalf of the appellant that the appellant suffered 100 % permanent disability and should have been allowed 100 % compensation. At any rate he should have been allowed 67 % compensation.