KRISHNA DIKSHITULU M Vs. MEDICAL APPEAL TRIBUNAL

JUDGEMENT

(1.) The order of the Employees Insurance Court, Hyderabad in E.I.A. No5/88 dated 30-9-1989 is challenged. The appellant is the claimant before the second respondent Medical Board, ESI Hospital, Visakhapatnam. It was pleaded by the claimant before the second respondent that while on duty he suffered an accident on 10-1-1987 and as a result of which he sustained injuries on the five fingers of left hand and that he had suffered loss of 80% of earning capacity. The matter was considered by the Medical Board which assessed it at 5%. In the appeal before the Medical Appeal Tribunal the loss of earning capacity had been enhanced to 11 %. The learned Presiding Officer of the ESI Court based on the testimony of appellant and the Schedule II in the Employees State Insurance Act came to the conclusion that with the materials on record, the percentage of loss of earning capacity could not be fixed at the percentage more than what was decided by the Medical Appeal Tribunal.

(2.) The learned Advocate for the appellant has contended that having due regard to the nature of the injuries and the disability suffered by the appellant the 1 oss of earning capacity ought to be cent per cent although 80% was claimed since the claimant had to perform his functions by employing the two hands and due to the loss of utility of left limb due to the injuries and the disability, he will be totally out of employment. It is also his contention that neither the Medical Board nor the Medical Appeal Tribunal nor the ESI Court considered this question nor gave a finding.

(3.) The learned Advocate for the respondent contends that in the nature of the materials on record produced by the appellant himself and in the absence of any other materials, the Tribunal or the E.S.I. Court could not have taken any opinion in the matter.