( 1 ) HEIRS and legal representatives of deceased Babubhai Maganbhai Patanwadia have filed First Appeal against the judgment and award dated January 8, 2002 passed by the employees State Insurance (hereinafter referred to as E. S. I.) Court in Second Appeal no. 16 of 1999. The E. S. I. Court has held that when deceased Babubhai Maganbhai patanwadia was working with Alembic Glass he was suffering from the disease of Silicosis and that the deceased had 60% disability.

( 2 ) THE facts giving rise to these appeals are as under: the learned counsel for the original appellant late Shri Babubhai Maganbhai patanwadia submits that the appellant was serving in Alembic Glass Industries Limited, vadodara since more than 10 years. In view of his employment he suffered an ailment of silicosis. The original appellant was examined by the Medical Board on March 12, 1986. The medical Board awarded 10% disability. The appellant has produced copy of the order passed by the Medical Board at Annexure-A to the appeal. Being aggrieved and dissatisfied with the said order, the appellant filed appeal before the medical Appellate Tribunal being Appeal (MAT) no. 10/1994. The Medical Appellate