ORAL JUDGMENT

1. Heard learned advocate Mr. Sachin D. Vasavada for the appellant and learned advocate Ms. Asha H. Gupta for the respondent.

2. This appeal is directed against the judgement and order passed by the ESI Court in Second Appeal No. 43/2005 dated 30th June, 2006 by which the learned Judge has allowed the said appeal and enhanced the disability to the extent of 100% and dismissed Second Appeal No. 24/2005.

3. Learned advocate Mr. Sachin D. Vasavada representing the appellant submitted that the order passed by the ESI Court is contrary to the vital documentary and oral evidence, which was produced on the record of the case. The ESI Court committed serious and manifest error of law on the face of the record of the case and, therefore, the judgement and order requires to be quashed and set aside.

4. The respondent is an insured person and covered under the ESI Act. However, due to his own negligence and ignorance, he met with an accident and sustained injuries on the right leg. Therefore, the ESI Court ought to have rejected the contention raised by the respondent. The ESI Court has seriously erred in holding that the respondent, on the basis of the evidence on record, requires