Case Note & Summary
The Regional Director, Employees' State Insurance Corporation, filed a First Appeal under Section 82 of the Employees' State Insurance Act, 1948, challenging the judgment and order dated 22.07.2009 passed by the learned Employees' State Insurance Court, Ahmedabad, in E.S.I. Second Appeal No.12 of 2009. The Second Appeal had been dismissed, confirming the 20% physical disablement assessed by the Medical Appeal Tribunal (MAT) in Appeal (MAT) No.75 of 2007. The respondent, Jaykishan Vishrambhai Ravat, was an employee of M/s. Victor Steel Industries and was registered with the ESI Corporation. On 29.04.2006, he sustained an injury to his right eye during the course of employment. The ESI Corporation granted temporary disablement benefit from 29.04.2006 to 07.07.2007. Thereafter, he was referred to the Medical Board constituted under the ESI Act, which assessed 3% physical disablement and issued a BIR-II certificate. The respondent challenged this assessment by filing an appeal before the MAT, which by order dated 23.01.2008 assessed the physical disablement at 20%. Aggrieved, the ESI Corporation filed a Second Appeal before the ESI Court, which was dismissed. Hence, the present First Appeal was filed. The High Court heard learned advocate Mr. Hemant Shah for the appellant. The respondent was served but did not appear. The Court noted that the appeal under Section 82 of the ESI Act lies only on substantial questions of law. The assessment of physical disablement by the MAT is a finding of fact based on medical opinion and cannot be interfered with unless perverse. The Court found no substantial question of law involved and dismissed the appeal, confirming the 20% disablement.
Headnote
A) Employees' State Insurance Act, 1948 - Section 82 - Scope of Appeal - Limited to substantial questions of law - The appeal under Section 82 of the ESI Act lies only on substantial questions of law and not on re-appreciation of medical evidence. The High Court held that the assessment of physical disablement by the Medical Appeal Tribunal is a finding of fact based on medical opinion and cannot be interfered with unless perverse. (Paras 1-3) B) Employees' State Insurance Act, 1948 - Medical Assessment - Disablement - 20% physical disablement upheld - The respondent sustained injury to right eye during employment. The Medical Board assessed 3% disablement, but the Medical Appeal Tribunal enhanced it to 20%. The ESI Court dismissed the Second Appeal. The High Court found no substantial question of law and dismissed the First Appeal. (Paras 2-3)
Issue of Consideration
Whether the ESI Court erred in dismissing the Second Appeal and confirming the 20% physical disablement assessed by the Medical Appeal Tribunal.
Final Decision
The High Court dismissed the First Appeal, confirming the 20% physical disablement assessed by the Medical Appeal Tribunal and upheld by the ESI Court.
Law Points
- Section 82 of Employees' State Insurance Act
- 1948
- Scope of Appeal
- Medical Assessment of Disablement
- Finality of Medical Board Findings
