REGIONAL DIRECTOR Vs. HARIBHAI SHANKERBHAI
LAWS(GJH)-2013-6-362
HIGH COURT OF GUJARAT
Decided on June 13,2013

REGIONAL DIRECTOR Appellant
VERSUS
Haribhai Shankerbhai Respondents




JUDGEMENT

- (1.)THE appellant being aggrieved by the order passed by E.I. Court, Ahmedabad in Second Appeal No.29 of 1997 dated 11.11.2003 has filed the present appeal.
(2.)THE facts of the case are fairly short, same can be gathered from the Para 1 of the appeal memo which states :
"The insured workman being aggrieved by the decision of the Medical Board, has filed the appeal No.231 of 1996 before Medical Appellate Board Tribunal, constituted under ESI General Regulation 1950. The said Appellate Tribunal has assessed the disability of the workman at 10%. Against that order, the workman has preferred the appeal before E.I. Court namely appeal No.29 of 1997 and as referred above, the E.I. Court has assessed disability at 20%."

(3.)HEARD the learned advocate Mr. Shashikant Gade for the appellant.
Learned advocate Mr. Gade has pointed out that in the order which is under challenged there was eventually no material before the authority to enhance the disability of the workman from 10% to 20%. It was submitted that such enhancement is arbitrary and not sustainable in law. It was pointed out that workman has merely stiffness in his right side which can be cured by the passage of time by taking physiotherapy exercise.



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