THE REGIONAL DIRECTOR Vs. K. PAZHANIRAJA & ORS.

JUDGEMENT

(1.) This appeal is directed against an order of the E.S.I. Court holding that the petitioner would be entitled for 60% of disablement benefit as per the Employees State Insurance Act, 1948 [hereinafter referred to as "the Act"].

(2.) This is a peculiar case, where the workmen had suffered from "Guillain-Barre syndrome" because of an accident. The E.S.I. Court referred the employee to the Medical Board, under Section 54 of the Act. The Medical Board had examined the employee and assessed the permanent disability at 60%. Based on the report the E.S.I. Court held that the employee would be entitled to disablement compensation. The E.S.I. Court, however, held that there was no loss of earning capacity, suffered by the employee due to the disability.

(3.) Mrs. G. Narmadha, learned counsel appearing for the appellant/Employees State Insurance Corporation would vehemently contend that it is for the claimant to prove the loss of earning capacity and in the absence of proof of loss of earning capacity payment of disablement compensation would not arise.