E.S.I.. vs Shiv Saran Singh
2022 Latest Caselaw 7689 ALL

Citation : 2022 Latest Caselaw 7689 ALL
Judgement Date : 21 July, 2022

Allahabad High Court

E.S.I.. vs Shiv Saran Singh on 21 July, 2022

Bench: Salil Kumar Rai




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 
Case :- FIRST APPEAL FROM ORDER No. - 1093 of 1994
 
Appellant :- E.S.I..
 
Respondent :- Shiv Saran Singh
 
Counsel for Appellant :- Rajesh Tewari
 

 
Hon'ble Salil Kumar Rai,J.

Heard Sri Rajesh Tiwari, the counsel for the appellant.

This is an appeal under Section 82 of the Employee State Insurance Act, 1948 (hereinafter referred to as, 'Act, 1948') by the Employees State Insurance Corporation.

The facts of the case are that the respondent - employee claimed loss of earning capacity due to an injury in his right knee arising in the course of his employment. The Medical Board opined that there was injury in right knee, but did not support the claim of the employee regarding loss of any earning capacity.

The employee filed an appeal numbered as Appeal No. 157 of 1993 in the Employees Insurance Court, Kanpur against the decision of the Medical Board. The Employees Insurance Court, Kanpur after considering the different evidence on record vide its judgment and order dated 23.12.1993 set-aside the decision of the Medical Board and held that the employee was entitled to 20% loss of earning capacity permanently. The said order has been challenged in the present appeal.

Under Section 82(2) of the Act, 1948 an appeal lies to the High Court from an order of Employee Insurance Court only if it involves a substantial question of law. It is apparent from the judgement and order dated 23.12.1993 that the findings regarding 20% loss of earning capacity permanently caused to the employee because of the employment injury has been recorded by the Employee Insurance Court on the basis of evidence on record and after considering the statutory provisions.

There is no perversity or any other illegality in the aforesaid findings. There is no jurisdictional error in the order passed by the Employee Insurance Court. No substantial question of law arises in the present appeal.

The appeal is dismissed.

Order Date :- 21.7.2022/Satyam