Partly allowed

The Sub-Regional Director, Employees State Insurance Corporation v. Mr.Louis Dadu Sansare

Bombay HC13 Dec 2018FA/944/2017

Case brief

AI extract

What is this about?

Appeal by ESIC Against a disability compensation award. The Corporation agreed to the 20% disability finding but sought to pay compensation periodically under prevailing rules. The Court modified the order to award 20% disability with periodic payments as per ESI Rules, disposing of the appeal and applications.

What did the court decide?

Judgment of the Industrial Court modified; respondent entitled to 20% permanent disability compensation to be paid periodically as per ESI Rules.

The Sub-Regional Director, Employees State… — Pension and Retirement Benefits | Bombay HC (2018)

¶1

Shridhar Sutar 1 914-fa-944.17.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶3

FIRST APPEAL NO. 944 OF 2017 WITH CIVIL APPLICATION NO. 1411 OF 2018 WITH

¶4

CIVIL APPLICATION NO. 3946 OF 2011

¶5

The Sub-Regional Director, Employees State Insurance Corporation … Appellant

¶6

Versus

¶7

Mr Louis Dadu Sansare and another … Respondents

¶8

Mr. P. M. Palshikar, Advocate for the Appellant. Mr. Prashant D. Patil, Advocate for the Respondent No.1. Mr. Atman H. Mehta a/w Vaishali Shah, Advocates i/b M/s Haresh Mehta & Co. for Respondent No.2. Smt. A.R. Kapadia, ESIC Social Security Officer-present.

¶9

CORAM : A. S. CHANDURKAR, J. DATE : 13^th DECEMBER, 2018.

¶10

P. C.:

¶11

The learned Counsel for the appellant on instructions of

¶12

Smt. A. R. Kapadia, ESIC Social Security Officer, who is present in Court submits that the Employees State Insurance Corporation has agreed to accept the findings recorded by the learned Member of

¶13

the Industrial Court, Nashik in the impugned proceedings to the extent that the disability suffered by the respondent No.1 is to the

¶14

1 of 2

¶15

Shridhar Sutar 2 914-fa-944.17.doc

¶16

extent of 20%. It is however submitted that the payment of compensation would be made as per the prevailing rules of the Corporation which would be from the date of order of the Employees' Insurance Court. Civil Application No. 1411 of 2018 has been filed by the original claimant, in which it has been stated that the claimant is willing to accept the amount of compensation as per the said rules periodically.

¶17

In view of the statements as made, the learned Counsel for the appellant submits that the appeal can be disposed of in aforesaid terms.

¶18

Accordingly, the judgment of the Employees' Insurance Court, Nashik in Application (ESI) No. 3 of 2000 is partly modified. While the applicant is held entitled to get permanent disability compensation at the rate 20%, the amount of compensation shall be paid periodically as per the ESI Rules. The First Appeal as well as civil applications stand disposed of in aforesaid terms. No costs.

¶19

2 of 2

The Sub-Regional Director, Employees State Insurance Corporation v. Mr.Louis Dadu Sansare

Case brief

What is this about?

What did the court decide?

The Sub-Regional Director, Employees State Insurance Corporation v. Mr.Louis Dadu Sansare

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The Executive Engineer Minor Irrigation (East) Vs Shri.Prabhakar Laxman Aher and Anr.

The Executive Engineer Minor Irrigation (East) Vs Shri.Babu Rama Deore and Ors.

The Executive Engineer Minor Irrigation (East) Vs Shri.Bhagwan Bhavsingh Rathod and Anr.

Mr. Bhamhadeo Tukaram Haryan and Anr. Vs Union of India, through the General Manager

The New India Assurance Co. Ltd. Vs Mr. Baskar Pandurang Kamble and Anr.

Mr.Dadasaheb Bapu Narute and Anr. Vs the Oriental Insurnance Company Limited Thr.Motor Third Party Claim Hub