VASUDEVAN NAIR Vs. REGIONAL DIRECTOR ESIC

JUDGEMENT

(1.) This is an appeal against the order of the Employees' Insurance Gouri, Alleppey. The subject matter of the appeal was a dispute as regards the disability benefit of the appellant herein.

(2.) Appellant is an insured employee. He met with an accident in the course of his employment. This happened on 25-7-1985. Appellant is a loading helper. As we understand from the terminology of his work, viz., loading helper, it must be a strenuous work, which requires physical exertion. There was no dispute that as a result of the accident, he sustained a compound fracture at his right hand. He has undergone a long treatment, for about 144 days. Even at the time when the certificate of disability was issued, it was revealed that a steel plate has been inserted for the purpose of uniting the fractured bone. From the fact that the appellant has undergone treatment for a period of 144 days and from the nature of the fracture, we feel that there is possibility of suffering a substantial disability, particularly in view of the fact that he has to do strenuous work which involves physical exertion.

(3.) The ESI Medical Board had occasion to examine the appellant. The Board found 10% provisional disability and after one year, on an examination on 23-6-1987, it was found that the appellant has 4% permanent disability. A certificate was issued showing disablement benefit at 4%.