FA/1370/2012

Judgment text excerpt

NEUTRAL CITATION C/FA/1370/2012 JUDGMENT DATED: 25/06/2026 2026:GUJHC:39164 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1370 of 2012 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE J. C. DOSHI Sd/- ===================================================== Approved for Reporting Yes No No ===================================================== NAGINBHAI GOVINDBHAI CHAUHAN Versus EMPLOYEES STATE INSURANCE CORPORATION ===================================================== Appearance: AAKASH D MODI(7449) for the Appellant(s) No. 1 MR HEMANT S SHAH(756) for the Defendant(s) No. 1 ===================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 25/06/2026 JUDGMENT 1. By way of this appeal under Section 82 of the Employees State Insurance Act, 1947 (hereinafter referred to as the ‘ESI Act’), the appellant – Naginbhai Govindbhai Chauhan – original respondent questions the legality and propriety of the judgment and order dated 29.07.2011 in the ESI Appeal No.01 of 2009 passed by the Employees Insurance Court, Ahmedabad, whereby the appeal filed by the Regional Director, ESI was dismissed and order of the Medical appellate Board assigning 12% disability to the workman has been confirmed. Page 1 of 5 Uploaded by () on Downloaded on : Tue Jun 30 22:20:53 IST 2026 NEUTRAL CITATION C/FA/1370/2012 JUDGMENT DATED: 25/06/2026 2026:GUJHC:39164 2. The appeal is filed on the limited aspect that the learned ESI Court has not taken into consideration the cross- objection filed by the present appellant. The facts are not in dispute, and therefore, this Court doesn't burden the order by regurgitating the facts. 3. In a nutshell, for a injury on a metatarsophalangeal joint arising out out the employment, the Medical Board assessed the permanent