The delay in filing the appeal has been condoned vide order dated 19.3.08. Office therefore, is directed to allot regular number to the appeal. The office report indicates that the notices sent on the memo of appeal to the claimant/respondent both ways were returned undelivered and as such there is deemed service.
No one has put in appearance on behalf of claimant/respondent.
Heard Sri Saral Srivastava, learned counsel for the appellant.
The challenge in this appeal under Section 82 of the Employees State Insurance Act 1948 is to an order of the Appellate Authority dated 18.1.93 by which the claimant/respondent has been awarded 30% loss of earning capacity on account of injury in his left eye suffered during the course of employment. The appellate court in awarding 30% loss of earning capacity has held that the decision medical report suffers from errors inasmuch as it does not contain any details of the vision test and reasons for its decision. On the other hand, the Eye Specialist of Lala Lajpat Rai Hospital Kanpur has certified loss of vision in left eye to be 6/36 and the said loss is due to the employment injury.
In view of above finding of the appellate authority, I am of the view that no question of law arises in this appeal. It is accordingly, dismissed.
Order Date :- 21.9.2010 piyush