MATHIRI Vs. EMPLOYEES STATE INSURANCE CORPORATION

JUDGEMENT

(1.) A. On 07/03/1987 while unloading the steel drum from the laying up machine, crane lock pin slipped from the drum and that fell on the deceased employee. He was jammed in between the steel drum and a box which resulted in damages of his ribs and lungs. He was admitted in the nearby Little Flower Hospital, Angamaly and had undergone treatment there in the intensive care unit. His employer duly reported the accident to the ESI Corporation. While undergoing treatment in the hospital, the employee died on 01/05/1987. The dependents application for benefits were denied. They approached before the Employees' Insurance Court and the E. I. Court allowed the application by judgment dated 15/06/1988. But, the appellant ESI Corporation did not pay the same and challenged the same before this Court. The Division Bench dismissed the case. The matter was then taken up to the Apex Court and the Apex Court also rejected the matter. The amount was paid only on 23/04/1998, after a period of ten years after the first judgment of the E. I. Court. Considering the poor predicament of the deceased employee and the frivolous contentions raised by the Insurance Corporation in refusing / delaying the payment of benefits etc. against a claim of 18% interest, the learned Single Judge granted 6% interest per annum for the period 15/10/1988 to 23/04/1998. We fully agree with the learned Single Judge and we see no ground to interfere in the same. The writ appeal is dismissed.