IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 MFA.No. 309 of 2003(B) ---------------------- EIC.54/2000 of E.I.COURT, KOZHIKODE .................... APPELLANT: APPLICANT ----------------------------------- A.KOMU, SON OF ENIKUTTY, THEKKUM THOTTATHIL HOUSE, POST CHELAMBRA, MALAPPURAM DIST. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENTS: RESPONDENT ------------------------------------------ THE REGIONAL DIRECTOR, E.S.I. CORPORATION, THRISSUR BY ADV. SRI.T.V.AJAYAKUMAR THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.309 of 2003 ----------------------------------------- Dated this the 4th day of April, 2008 JUDGMENT Koshy, J. Appellant was an employee of M/s.Eurospin Industries Limited, which is a covered establishment under the E.S.I scheme. According to him, as part of his job, he has to carry and unload heavy articles, which resulted in IVDP (intra vertebral disc prolapse) problem. He claimed occupational disability of 100%. he was working in a manufacturing unit. IVDP problem is not declared as occupational disease as per the provisions of the Act. There is no untoward incident and no accident took place. Therefore, it cannot be stated that the applicant suffered IVDP problem in an accident arising out of employment. Of course, if he has got IVDP problem, since he is a covered employee, he is entitled to medical treatment, sickness benefit etc. from the E.S.I Corporation. It is submitted that he is employed still in the same factory. Therefore, he cannot claim 100% disability compensation, especially since no injury was caused in an accident during the course of employment. We fully agree with the E.I Court and the appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. 2 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No. 309 OF 2003 ------------------------------ JUDGMENT 4.4.2008