M. Itteri vs The Regional Director on 3 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Ins.APP.No. 28 of 2005()


1. M. ITTERI,
                      ...  Petitioner

                        Vs



1. THE REGIONAL DIRECTOR,
                       ...       Respondent

                For Petitioner  :SRI.DILIP MOHAN

                For Respondent  :SRI.P.SANKARANKUTTY NAIR, SC, ESI CORPN

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :03/11/2008

 O R D E R
                  C .N. RAMACHANDRAN NAIR &
                       HARUN-UL-RASHID, JJ.
                  --------------------------------------------
                      INS. APP. No. 28 OF 2005
                  --------------------------------------------
               Dated this the 3rd day of November, 2008

                                JUDGMENT

Ramachandran Nair,J.

Appeal is filed against order of the EI Court limiting sickness

benefit to the appellant for two years. We have gone through the award

and considered the contentions raised by both sides. It is seen that even

though appellant claimed that the disease contracted by him, which is

chronic obstructive pulmonary disease, is attributable to employment,

the clear finding of the EI Court is that appellant developed the

problem only after working over 24 years. Even though he was

referred to a Medical Board, the Medical Board did not find the disease

attributable to employment. Consequently, he was rightly declined the

benefit claimed by him. We notice that benefit for two years is granted

by the EI Court. Appeal is therefore devoid of any merit and is

dismissed.

(C.N.RAMACHANDRAN NAIR)
Judge.

(HARUN-UL-RASHID)
Judge.

kk

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