IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Ins.APP.No. 28 of 2005() ------------------------ EIC.40/2003 of E.I.COURT, KOZHIKODE .................... APPELLANT: ------------------------------ M. ITTERI, PARAMBATHU HOUSE, A.R. NAGAR P.O., MALAPPURAM. BY ADV. SRI.DILIP MOHAN RESPONDENT(S): --------------- THE REGIONAL DIRECTOR, E.S.I. CORPORATION, THRISSUR. ADV. SRI.P.SANKARANKUTTY NAIR, SC, ESI CORPN THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- INS. APP. No. 28 OF 2005 -------------------------------------------- Dated this the 3rd day of November, 2008 JUDGMENT Ramachandran Nair,J. Appeal is filed against order of the EI Court limiting sickness benefit to the appellant for two years. We have gone through the award and considered the contentions raised by both sides. It is seen that even though appellant claimed that the disease contracted by him, which is chronic obstructive pulmonary disease, is attributable to employment, the clear finding of the EI Court is that appellant developed the problem only after working over 24 years. Even though he was referred to a Medical Board, the Medical Board did not find the disease attributable to employment. Consequently, he was rightly declined the benefit claimed by him. We notice that benefit for two years is granted by the EI Court. Appeal is therefore devoid of any merit and is dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 2