IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 Ins.APP.No. 45 of 2005(A) ------------------------ IC.71/2003 of EMPLOYEES INSURANCE COURT, ALAPPUZHA . ................... APPELLANTS: OPPOSITE PARTIES: ------------------------------------------------- 1. THE REGIONAL DIRECTOR, E.S.I. CORPORATION, PANCHADEEP BHAVAN, THRISSUR-20 2. THE RECOVERY OFFICER, E.S.I. CORPORATION, THRISSUR. BY ADV. SRI.P.SANKARANKUTTY NAIR RESPONDENT(S): APPLICANT: ------------------------- M/S. A.F.D.C. LTD., EZHUPUNNA P.O., ALAPPUZHA DIST., REPRESENTED BY ITS GENERAL MANAGER (FINANCE). ADV. SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE SRI.E.K.NANDAKUMAR THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 29/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - INS.A.No. 45 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2009 JUDGMENT Joseph, J. Heard the learned counsel for the appellants as also the learned counsel appearing on behalf of the respondent. 2. This is a case where the Insurance Court has followed the Full Bench decision of this Court in Employees State Insurance Corporation v. Excell Glasses Ltd. (2003 (3) KLT 42 (FB) and held that claims beyond five years are barred. The said judgment stands reversed by the decision of the Apex Court in Employees' State Insurance Corporation v. C.C. Santhakumar (2007 (1) KLT 133)(SC). This means that the impugned judgment is only to be set aside and the matter is to be remitted for reconsideration. INS.A.No. 45 of 2005 2 3. Accordingly, the impugned judgment is set aside and the matter is remitted to the Insurance Court, which court will proceed to reconsider the matter afresh in accordance with law, with opportunity to the parties. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm