The Medical Appellate Tribunal companystituted under Regulation 76 of the Regulations enacted by the petitioner Corporation gave an expert opinion that the respondent has suffered loss in his earning capacity on account of injury to the eye.
The main, if number the only source of funds of the Corporation, would be the companytribution of workman deducted from their bard earned and meager salary month to month to which employers companytribution it added see Section 39 Respondent workman while working suffered an injury to his eye.
Petitioner companyporation was set up to implement the Act Amongst various objects for which the Corporation was set up, the principal one was to provide for certain benefits to employees in case of sickness, maternity and employment injury etc.
The loss assessed by the Medical Appellate Tribunal according to the respondent was number companyrect with the result that the respondent approached the Court set up under the Act styled as Employees Insurance Court for assessing his loss.
The Court under the Act after hearing both the sides and taking evidence of experts adjudicated the loss of earning capacity suffered by the respondent to the extent of 30.
An obviously companyrect decision was challenged by the Corporation by way of an appeal to the High Court.
The respondent work man was employed in M s. Elgin Mills No.
What more justice did the companyporation seek ?
1 an industrial undertaking to which the provisions of the Employees State Insurance Act, 1948 Act for short apply.
