EMPLOYEES STATE INSURANCE CORPORATION Vs. MOHANLAL

JUDGEMENT

(1.) BEING aggrieved by order dated passed 29.9.2004 passed by Employees State Insurance corporation Court (Labour Court), Indore in Case No. 8/02 ESI, whereby application filed by the respondent No. 1 for grant of accidental benefits was allowed and the appellant was directed to pay the accidental benefits to the respondent No.1, the present appeal has been filed.

(2.) SHORT facts of the case are that respondent No. 1 filed an application u/s. 75 of the ESI Act 1948, which shall be referred herein after the Act before the Labour Court, Indore for grant of disablement benefits on the ground that during the course of employment on 28.7.2001 with the respondent No. 2, respondent No. 1 sustained injuries on the right hand elbow and wrist.

(3.) SHRI Vivek Sharan, learned counsel for the appellant submits that the findings of the learned Court below is illegal and deserves to be set aside. It is further submitted that respondent No. 1 has not been examined by medical board constituted by the appellant under section 54 of the ESI Act.