JUDGMENT

Dated this the 18^th day of March, 2025 This appeal is filed by the ESI Corporation, raising a substantial question of law as to whether the E.I.Court can substitute an assessment of disability duly arrived at by the Medical Board and increase it from 20% to 40%.

2. The order dated 23.07.2018 in ICA No. 4 of 2013 of the E.I. Court, Alappuzha, is impugned by the ESI Corporation in this appeal. Appellant was the respondent in the said proceedings and respondent was the appellant therein.

3. The respondent is a toddy tapper. On 21.11.2010, while engaged in toddy tapping, he fell from a coconut tree and sustained injuries to his spine. He underwent treatment at ESI Dispensary, Pathirapally, ESI Hospital, Alappuzha, and then at the Medical College Hospital, Alappuzha. The injury was admitted as an employment injury and he was granted a temporary disablement benefit of 10% initially. Thereafter, he was examined by the ESI Medical Board which arrived at a conclusion that he was permanently disabled by 20%. The loss of earning capacity was also assessed at 20%. Being dissatisfied with the finding of the Medical Board, the respondent moved the E.I.Court in an appeal seeking enhancement