IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 Ins.APP.No. 79 of 2005(A) ------------------------------- EIC.17/2004 of E.I.COURT, KOZHIKODE .................... APPELLANT/RESPONDENT. ---------------------------------- REGIONAL DIRECTOR, E.S.I.CORPORATION, THRISSUR. BY ADV. SRI.P.SANKARANKUTTY NAIR RESPONDENTS: APPLICANT. ------------------------------- P.GANGADHARAN, KUTTIYIL PALLOYALI PARAMBA, KANNATTIKULAM, POST KOLATHARA, CALICUT. BY ADV. SRI.T.R.RAVI FOR R1 THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.1318 OF 2007 IN INS.APPL. NO. 79 OF 2005 DISMISSED 7/8/08 SD/- M.N. KRISHNAN, JUDGE. [ True Copy ] P.A. TO JUDGE. M.N. KRISHNAN, J. = = = = = = = = = = = = = = INS.APPEAL NO. 79 OF 2005 = = = = = = = = = = = = = = = Dated this the 7th day of June, 2008. J U D G M E N T This appeal is preferred against the judgment of the Employees Insurance Court, Kozhikode in E.I.C.17/04. It is an application filed seeking for a declaration that the stress and strain of work as a head load worker in the Press Department of Sree Kamakshi Agency has resulted in the development and aggravation of CAD with Angina. The Court below found that the disease CAD with Angina is not entitled for consequential benefits and it is declared that the disease of the applicant is eligible to be admitted for the maximum period of ESB admissible as per law. Learned counsel also would contend that the finding of the Court below is not sustainable in law. On the other hand, the learned counsel for the respondents would contend that an opportunity must be provided for him to establish for consideration whether the disease of the applicant, that is CAD with Angina, is unsustainable or not. It is a matter that Ins. Appeal 79 OF 2005 -:2:- requires probe by taking into consideration the medical evidences. Therefore an opportunity is given for establishing that fact and I direct the Commissioner to consider the same after affording an opportunity to the applicant. Similarly, there has been a prayer for disbursement. Disbursement is a matter which comes within the discretionary power of the authorities. Taking into consideration the problem faced and the injury alleged to be there it is for the authorities to consider whether it is a case where the discretion can be exercised so as to grant exemption. This point also can be considered by the Commissioner. Therefore, the order under challenge is set aside and the Medical Commissioner is directed to consider whether the disease of the applicant, CAD with Angina is unsustainable or not and whether an exemption can be granted. For this purpose the Medical Commissioner can review the entire matter and pass appropriate orders after affording an opportunity to Sri. Ins. Appeal 79 OF 2005 -:3:- P.Gangadharan for establishing his case. The Medical Commissioner shall give notice for appearance, if necessary, and hear the matter. The Ins. Appeal is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-