E S I C Vs. DHIRUBHAI MORARBHAI PATEL

JUDGEMENT

(1.) THIS appeal, preferred under section 82 (2) of the E.S.I. Act by the E.S.I. Corporation is directed against the judgment and order dated 18.10.2006 passed by Labour Court, Surat in ESI Application No. 1 of 1993 by which the learned Judge has partly allowed the application preferred by the applicants, and held that deceased Ramanbhai Dhirubhai Patel who expired on 1.11.1992 died as a result of the injuries caused to him during the course of employment and, therefore, his distraught legal heirs and representatives are entitled to dependency benefits, with interest at the rate of 9% p.a. and cost of Rs.500/ -.

(2.) MR . S.S. Gade, learned advocate for the appellant contended that the learned Judge has committed an error in holding that as per section 52 of the ESI Act, the claimants are entitled to dependency benefit because the workman died as a result of the injuries suffered during the course of employment. Learned Advocate submitted that eventhough there was no nexus between the injuries sustained by the deceased and his subsequent death, the trial Court has erred in holding that there is nexus between the injury and cause of death of deceased was duly established and, therefore, the claimants are entitled to claim compensation as prayed for in the application. He also submitted that interest awarded by the ESI Court at 9% p.a. is highly exaggerated and ought not to have been awarded by the Court. Learned Judge has erred in appreciating evidence on record of the case in partly allowing the application preferred by the applicants. Thus, the learned advocate submitted that on perusal of the entire evidence on record of the case, the appeal requires to be allowed and the impugned order passed by the trial Court is required to be quashed and set aside.

(3.) AS against the aforesaid submissions, Mr.Dave, learned advocate appearing for the original applicants submitted that the learned Judge has taken into consideration the injury certificate dated 21.04.83 issued by Mehta Sarvagnik Hospital, Mahavir General Hospital, Surat dated 25.09.87 and 29.05.98, discharge certificate issued by OPD Section on23.05.87 and the disability certificate dated 26.12.91 and rightly come to the conclusion that the deceased sustained the injuries during the course of employment and died subsequently because of the injuries sustained by him in the accident. Learned advocate placed reliance on the deposition adduced by Dhirubhai Morarbhai Patel Exh.25 in support of his submission that injuries were caused during the course of employment. Learned advocate submitted that the deposition adduced by Dayabhai Mangabhai Patel Exh. 41 further corroborates the deposition of Dhirubhai Morarbhai Patel with regard to the injuries sustained by the deceased during the course of employment. learned advocate for the original applicants also relied on the deposition of Dr. Pradip Hanumantrai Pethe Exh. 25 and submitted that considering the deposition adduced by Dr. Pradip, it becomes clear that the deceased had sustained serious injuries in spinal cord and he was completely bed ridden after sustaining injuries on 25.03.87. His movements of hands as well as legs were also restricted and virtually he was immobilized. Thus, after considering deposition of Dr. Pradip, the learned Judge has rightly held that the nexus between the injuries sustained by the deceased and his subsequent death has been duly established, and, therefore, the learned Judge rightly allowed the application preferred by the applicants and held that the applicants are allowed to dependency benefits, and there is no reason for this Court to interfere with the order passed by the learned Judge and the appeal deserves to be dismissed.