JUDGMENT : V.H. BHAIRAVIA, J. 1. Heard the learned counsel for the appellant. 2. The learned counsel contended that the learned judge, E.S.I. Court, Bombay has committed an error in holding that there was loss of earning capacity of 100% for the period from February 15, 1984 though the Medical Board has opined that the respondent-claimant has suffered a partial disablement of a permanent nature where his physical capacity was reduced by 20% as determined by Special Medical Board. Further, it has been contended that the respondent-claimant has resigned from the job and the company had not terminated him from service. The learned Judge has considered the case on the basis of occupational disease u/s 52-A of the Employees' State Insurance Act, 1984 for the purpose of assessing the rate of physical disability. It has been submitted that the learned Judge ought to have remanded back the matter for review of the decision by Medical Board u/s 55 of the Medical Tribunal. The report of the Medical Board required to be accepted and in case, it is not acceptable then it may be sent for review to the Medical Tribunal. 3. This argument is not at all sustainable at law as the Judge, E.S.I. Court has considered the report of the Medical Board and taken a wider view in assessing the total physical disablement of the claimant though the Medical Board has assessed the physical disablement at the rate of 20% only, but because of 20% disablement, he was not able to carry on the job and therefore, he has to resign from the job. In my view, the learned Judge has taken a correct view and overruled the objection raised on behalf of the appellant. 4. Hence, the appeal is dismissed. No order as to costs.