The Regional Director vs Madhavi on 15 September, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Ins.APP.No. 26 of 2005()


1. THE REGIONAL DIRECTOR,
                      ...  Petitioner

                        Vs



1. MADHAVI, W/O.VELAYUDHAN,
                       ...       Respondent

                For Petitioner  :SRI.T.V.AJAYAKUMAR

                For Respondent  :SRI.P.RAMAKRISHNAN

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :15/09/2008

 O R D E R
                          M.N.KRISHNAN, J.
                          --------------------------
                     Ins. Appeal No. 26 OF 2005
                            ---------------------
             Dated this the 15thday of September, 2008

                              JUDGMENT

This appeal is preferred against the order of the

Employees’ Insurance Court, Palakkad, in I.C.A. No.7/03. The EI

Court found that the applicant therein was totally disabled and

granted 100% disablement. It is against that decision, the ESI

Corporation has come up in appeal.

2. Heard the counsel appearing for both sides. This is a

case where the Medical Board attached to the ESI Corporation

examined the petitioner and found that there is no disability at all.

The said Doctor was examined and he had deposed before the court

that what is stated in the medical certificate is correct. Thereafter the

District Medical Board’s certificate was obtained. In that certificate it

was certified that she is having 100% disablement to do any sort of

work which she was capable of doing. The court below accepted the

same and ordered in that way.

3. I am afraid the court below has not considered the

matter in the proper perspective. Why the court below preferred

Ins. Appeal No.26/05 2

Ext.A3 certificate to Ext.B1 certificate is not explained. Both Doctors

had struck to the opinion given by them in the respective certificates.

So this is a classical case where we require expert medical opinion

and the only methodology that can be adopted is to direct the EI

court to send the person to the Medical Board to be constituted by

the Superintendent of the Medical College Hospital, Thrissur,

wherein atleast the service of two Orthopedic Doctors be made

available. After obtaining such certificate and after permitting the

parties to adduce evidence with respect to their contentions, the

court below can consider it and can decide the issue. The EI court

shall issue notice to the parties intimating the date of appearance.

For the said purpose the impugned order is set aside.

The appeal is disposed of accordingly.

M.N.KRISHNAN, JUDGE
vps

Ins. Appeal No.26/05 3