IN THE HIGH COURT OF KERALA AT ERNAKULAM
Ins APP No. 52 of 2004(A)
1. C.S.RAMESAN, AGED 46 YEARS,
... Petitioner
Vs
1. THE REGIONAL DIRECTOR,
... Respondent
2. FOAM MATTINGS (INDIA) LIMITED,
For Petitioner :SRI.R.PARAMESWARAN NAIR
For Respondent :SRI.A.PARVATHI MENON
The Hon'ble MR. Justice K.PADMANABHAN NAIR
Dated :10/04/2007
O R D E R
K.Padmanabhan Nair,J.
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Insurance Appeal No.52 of 2004
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Dated, this the 10th day of April, 2007
JUDGMENT
A workman, who filed appeal challenging a decision of
the E.S.I. Medical Board, is the appellant. The appellant met with
an accident during the course of employment and sustained
employment injury. He underwent an examination by a Medical
Board. The Board fixed his disability at 6%. Challenging that
decision of the Board, the appellant filed an appeal before the
Insurance Court. Before the Insurance Court, the appellant
produced a disability certificate issued by the doctor, who was
examined as P.W.2. Relying on the oral evidence of P.W.2 and
Exhibit P2 medical certificate, the Insurance Court enhanced the
disablement benefit from 6% to 20%, though P.W.2 had fixed
32% disability. Challenging that decision, the employee has filed
this appeal.
2. I have carefully gone through the evidence of P.W.2
and Exhibit P2 certificate. It is not possible to accept the
contention of the appellant that the entire percentage of
disablement benefit fixed by P.W.2 has to be accepted. But,
considering all aspects of the matter, I am of the view that the
disablement benefit can be fixed at 25%.
Ins.App.No.52 of 2004
– 2 –
In the result, the appeal is allowed in part. The
disablement benefit in the case of the appellant is enhanced to
25%. I.A.No.2870 of 2004 shall stand dismissed.
K.Padmanabhan Nair
Judge
vku/-