CM No.27154-CII of 2009 & FAO No.5490 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.27154-CII of 2009 & FAO No.5490 of 2009 (O&M) Date of decision:30.07.2010. Employees' State Insurance Corporation ...Appellant Versus Harsh Kumar and another ...Respondents CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Vikas Suri, Advocate, for the appellant. Mr. Deepak Arora, Advocate, for respondent No.1. Mr. Rohit Ahuja, Advocate, for respondent No.2. ***** RAKESH KUMAR JAIN, J. (ORAL) CM No.27154-CII Of 2009 Notice in this application was issued on 18.11.2009. No reply has been filed. Therefore, for the reasons mentioned in the application, which is supported by an affidavit, delay of 121 days in filing the appeal is condoned. CM stands disposed of. FAO No.5490 of 2009 (O&M) This appeal is directed against order of the Employees Insurance Court, Jalandhar dated 19.05.2009 by which the CM No.27154-CII of 2009 & FAO No.5490 of 2009 -2- **** workman/respondent No.1 has been awarded benefit from the date of his accident, i.e. 08.02.2000, at the rate of Rs.53.20 paise per day to be multiplied by the days of month. During the course of hearing, learned counsel for the appellant had submitted that respondent No.1 is alleged to have suffered disability to the extent of 80% as per disability certificate issued by the Civil Surgeon. This certificate was disputed by the appellant on the ground that as per Regulation No.75 of the Employees' State Insurance (General Regulations), 1950 the injured has to be examined by a Medical Board. On 05.07.2010, with the consent of workman, he was directed to appear before the Medical Board constituted under Regulation No.75 of the Employees' State Insurance (General Regulations), 1950 and the Medical Board was directed by this Court to furnish its report within a week in a sealed cover. Order dated 05.07.2010 passed by this Court is reproduced as under: - “Harsh Kumar – Workman (respondent No.1) is present in Court and in terms of the order dated 18.11.2009, a draft of Rs.50,000/- is handed over to him by Sh. Suri. The only anxiety shown by counsel for the appellant is that the workman has not been examined by Medical Board constituted in terms of Regulation No.75 of the Employees' State Insurance (General Regulations), 1950 for the purpose of assessment of his disablement in terms of Section 54 of the Employees' State Insurance Act, 1948. On the contrary, learned counsel for the Workman has submitted that the disability CM No.27154-CII of 2009 & FAO No.5490 of 2009 -3- **** certificate has been issued by Medical Board comprising of 4 doctors assessing the disability of the workman to the tune of 80% on the basis of which the ESI Court had awarded compensation @ Rs.53.20 paise per day. However, counsel for the workman is not aversed to the suggestion of the counsel for the appellant for submitting the workman to the Medical Board constituted under Regulation 75 of the Employees' State Insurance (General Regulations), 1950 which is stated to be meeting on 9.7.2010. In view of fact that both the parties are ad idem for the purpose of re-examination of the workman in accordance with law, Workman is directed to submit before the Medical Board, which is stated to be meeting on 9.7.2010 for the purpose of examination of his disability. The Medical Board is further directed to furnish its report to this Court within a week thereafter in a sealed cover. The case is now listed for hearing on 23.07.2010. The Workman is directed to approach Branch Manager, Branch Office ESIC, ESI Hospital Complex, Shaheed Udham Singh Nagar, Jalandhar City for the purpose of completing formalities of filling form etc., on 07.07.2010.” In terms of the aforesaid order, respondent No.1 had appeared before the Medical Board constituted in terms of Regulation No.75 of the Employees' State Insurance (General Regulations), 1950 and after going through the report which was submitted in this regard in a sealed cover, his disability was found to be 80% as per ESI Schedule II CM No.27154-CII of 2009 & FAO No.5490 of 2009 -4- **** Part 2 Injury against Item No.8. Learned counsel for the appellant has produced a chart and submitted that since respondent No.1 has suffered 80% disability, therefore, he is not entitled to the benefit at the rate of Rs.53.20 paise and accordingly it was reduced to the tune of Rs.42.56 paise per day from the date when he had suffered the injury. According to that calculation, in which the rate of benefit was revised from time to time, the total amount of compensation was of Rs.1,70,793/-. The amount of Rs.50,000/- by way of draft was already paid on 05.07.2010. As a matter of fact, the entire amount of compensation of Rs.1,70,793/- has already been paid on 23.07.2010 to the respondent No.1/workman. In view of the above, the impugned order dated 19.05.2009 passed by the Employees Insurance Court, Jalandhar, whereby amount of Rs.53.20 paise per day had been awarded as benefit is modified and it is ordered that the rate of benefit has to be calculated as provided under Rule 57 Sub-Rule 4 Clause (c) of the Employees' State Insurance (General Regulations), 1950. With this modification, the appeal is partly allowed. Before parting with this order, it is made clear that the respondent No.1 may collect his periodical payments from office of the Employees State Insurance Corporation, Shaheed Udham Singh Nagar, Jalandhar. The appeal is accordingly disposed of. July 30, 2010 (RAKESH KUMAR JAIN) vinod* JUDGE