Dismissed

Regional Director,Esi Corporation v. v.C.Prema

Kerala HC11 Jan 2013Ins.APP/72/2010

Case brief

AI extract

What is this about?

This appeal by the ESI Corporation challenged the Employees Insurance Court's order granting full permanent disablement benefits to a respondent suffering from occupational asthma who lost her job. The High Court upheld the lower court's reliance on Section 19 of the ESI Act and prior precedent, dismissing the appeal.

What did the court decide?

The Insurance Appeal No. 72 of 2010 filed by the Regional Director, ESI Corporation is dismissed. The order of the Employees Insurance Court allowing 100% loss of earning capacity and full disablement

Regional Director,Esi Corporation Vs v.C.Prema — Specific Performance | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID

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FRIDAY, THE 11TH DAY OF JANUARY 2013/21ST POUSHA 1934

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Ins.APP.No. 72 of 2010 (A)

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AGAINST THE ORDER IN E.I.C.(APPEAL)NO.3/2007 DATED 27-08-2009 ON THE FILE OF THE E.I.COURT, KOZHIKODE.

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APPELLANT/RESPONDENT: ---------------------THE REGIONAL DIRECTOR, EMPLOYEES' STATE INSURANCE CORPORATION REGIONAL OFFICE,THRISSUR. BY ADV. SMT.T.D.RAJALAKSHMY, SC, ESI CORPN. RESPONDENT/APPELLANT:

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V.C.PREMA, D/O.CHATHUKUTTY, VADAKKECHALIL HOUSE,IRINGALLUR POST GURUVAYURAPPAN COLLEGE,KOZHIKODE-673 014. BY ADV. SRI.A.RANJITH NARAYANAN BY ADV. SRI.S.K.SAJU

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THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 11-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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HARUN-UL-RASHID,J.

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INSURANCE APPEAL.NO. 72 OF 2010

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DATED THIS THE 11th DAY OF JANUARY, 2013

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JUDGMENT

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Regional Director, ESI Corporation is the appellant. The appeal is directed against the order passed by the Employees' Insurance Court, Kozhikode in E.I.C.(Appeal) 3/2007. The appellant in the E.I.C. Appeal is the respondent herein. The Employees Insurance Court allowed the appeal declaring that the appellant has lost her earning capacity to the full extent and she is eligible to the full disablement benefits accordingly.

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The appellant before the Insurance Court was under treatment at Medical College Hospital, Kozhikode for 'Asthma' and at the Zonal Occupational Disease Centre, Chennai for the period from 3/7/2000 to 11/7/2000 for suspected Byssionosis. She was referred to the Special Medical Board on 3/7/2001 to confirm whether she was suffering from any occupational disease. The Special Medical Board confirmed the disease as Bronchial Asthma. The appellant preferred

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INS. APPEAL No.72/2010

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MTA.No.36/2001 before the Medical Appellate Tribunal, Kozhikode claiming 100% loss of earning capacity as she was suffering from occupational disease. The Medical Appellate Tribunal awarded 50% loss of earning capacity. Aggrieved by the said order, the respondent approached the Employees Insurance Court by filing E.I.C. Appeal 3/2007 claiming 100% loss of earning capacity as she is incapacitated from doing work due to occupational disease. The Insurance Court, after examining the contentions of the parties, held that the appellant has lost her earning capacity fully and therefore she is eligible to permanent total disablement benefit on account of the employment. The Insurance Court evaluated the oral evidence tendered by the respondent herein as PW1 and Exts.P1 to P3 and D1 to D5. The Insurance Court relied on the oral evidence adduced by the respondent and observed that the evidence tendered by the respondent herein in respect of disability and loss of earning capacity is not controverted in any manner. It is noticed by the

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INS. APPEAL No.72/2010

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Court that there is no contra evidence in the issue. The Insurance Court accepted the evidence of PW1 and held that it is to be treated as undisputed and can be believed as true and correct. The Insurance Court also observed that the Medical Board has not assessed the loss of earning capacity of the appellant meticulously and objectively and therefore inclined not to accept their assessment. The Insurance Court relied on the legal principles that if an employee lost his employment on account of disability, the ESI Corporation shall extend full rate permanent disablement benefit to the employee, especially when suitable alternate employment was not found out as provided under Section 19 of the Act. In the decision reported in P.K.Balakrishnan v. Regional Director, E.S.I. Corporation, Thrissur (2005 KHC 1213) this Court held that a person with 50% loss of earning capacity and who lost his job because of the disability and who cannot continue to work in the cotton factory, cannot be denied full disablement benefits under the provisions of the E.S.I. Act. The decision was

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INS. APPEAL No.72/2010

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taken by the Insurance Court, after appreciating the evidence on record and the legal principles of law. I find that no valid grounds are made out in the appeal for interference. I also find that the impugned order does not suffer from any legal infirmity.

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In the result, the appeal fails and it is dismissed.

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HARUN-UL-RASHID, JUDGE.

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kcv.

Regional Director,Esi Corporation v. v.C.Prema

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Regional Director,Esi Corporation v. v.C.Prema

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