REGIONAL DIRECTOR Vs. P.V. PRAKASAN

JUDGEMENT

(1.) Aggrieved by judgment dated 24.10.2011 of the Employees' Insurance Court, Alappuzha, the Employees State Insurance Corporation ('ESI Corporation' for short) has come up in appeal.

(2.) The respondent herein was an employee of the Quilon Spinning Mill, Chathannoor in Kollam District. He developed an occupational illness on account of Bysinosis due to dust from the spinning mill, which resulted in acute Bronchitis and Asthma. Ultimately, he had to resign from his job on 20.8.1998. He had forwarded a request before the ESI Corporation for referring him to a Medical Board for assessing his permanent disablement. His request was declined. As his request fell in deaf ears, he approached the court below through I.C.No.19/2001, which was ultimately allowed on 4.8.2003. Dissatisfied with the said order, the ESI Corporation had preferred Insurance Appeal No. 16/2004 before this Court. Finding that there is no merit in this appeal, this Court vide judgment dated 1.2.2007 dismissed the appeal.

(3.) Thereafter, the ESI Corporation has referred the respondent herein to the Medical Board. The Medical Board on careful examination has reported that the respondent is suffering from a permanent disablement of 20%. As the ESI Corporation has denied the Permanent Disablement Benefit to the respondent by resorting to some untenable contentions, the respondent had to approach the court below through I.C.No.10/2010. What was claimed before the court below was Permanent Disablement Benefit from 20.9.1994 onwards with interest at the rate of 12% per annum. It seems that the court below has chosen to pass the impugned judgment by limiting the Permanent Disablement Benefit by treating 20% loss of earning capacity from 20.9.1994 to 20.8.1998 subject to a condition that he shall be paid temporary disablement benefit for the broken spells between 20.9.1994 to 5.10.1997. The ESI Corporation has come up in appeal.