IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2187 of 2010 ==========================================================

REGIONAL DIRECTOR Versus NARBHERAM MAVJIBHAI ==========================================================

Appearance:

MR HEMANT S SHAH(756) for the Appellant(s) No. 1 MR HITESH K PANDYA(10018) for the Defendant(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 12/03/2026

JUDGMENT

1. Feeling aggrieved and dissatisfied with the impugned judgment and award dated 18.12.2009 delivered by the Employees’ State Insurance Court, (for short “ESI Court”), Ahmedabad in ESI Second Appeal No.21 of 2009, the Regional Director of ESI Corporation, Ahmedabad, has preferred this appeal under Section 82 of the Employees’ State Insurance Act, 1948 (for short “ESI Act”), whereby the ESI Court dismissed the appeal and confirmed the order dated 23.01.2008 passed by the Medical Appeal Tribunal (for short “MAT”) in Appeal (MAT) No.40 of 2007, assessing 40% hearing loss due to employment injury suffered by the employee.

2. Briefly stated, the facts of the case are that, the employee – Shri Narbheram Mavjibhai, was workin