IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 Ins.APP.No. 26 of 2005 ------------------------ ICA.7/2003 of E.I COURT, PALAKKAD .................... APPELLANT/RESPONDENT: ------------------------------------- THE REGIONAL DIRECTOR, ESI CORPORATION, NORTH SWARAJ ROUND, THRISSUR-20. BY ADV. SRI.T.V.AJAYAKUMAR RESPONDENT/APPELLANT: -------------------------------------- MADHAVI, W/O.VELAYUDHAN, PULLANIKKAL HOUSE, THRIKKUR P.O., VARIYATHODI, THRISSUR. BY ADV. SRI.P.RAMAKRISHNAN THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Ins.Appeal No. 26/2005 ORDER ON I.A.NO. 1599/2005 IN INS.APPL. NO. 26/2005 DISMISSED. SD/- M.N. KRISHNAN, JUDGE. 15.09.2008 /TRUE COPY/ P.A. TO JUDGE. vkm M.N.KRISHNAN, J. -------------------------- Ins. Appeal No. 26 OF 2005 --------------------- Dated this the 15th day of September, 2008 JUDGMENT This appeal is preferred against the order of the Employees' Insurance Court, Palakkad, in I.C.A. No.7/03. The EI Court found that the applicant therein was totally disabled and granted 100% disablement. It is against that decision, the ESI Corporation has come up in appeal. 2. Heard the counsel appearing for both sides. This is a case where the Medical Board attached to the ESI Corporation examined the petitioner and found that there is no disability at all. The said Doctor was examined and he had deposed before the court that what is stated in the medical certificate is correct. Thereafter the District Medical Board's certificate was obtained. In that certificate it was certified that she is having 100% disablement to do any sort of work which she was capable of doing. The court below accepted the same and ordered in that way. 3. I am afraid the court below has not considered the matter in the proper perspective. Why the court below preferred Ins. Appeal No.26/05 2 Ext.A3 certificate to Ext.B1 certificate is not explained. Both Doctors had struck to the opinion given by them in the respective certificates. So this is a classical case where we require expert medical opinion and the only methodology that can be adopted is to direct the EI court to send the person to the Medical Board to be constituted by the Superintendent of the Medical College Hospital, Thrissur, wherein atleast the service of two Orthopedic Doctors be made available. After obtaining such certificate and after permitting the parties to adduce evidence with respect to their contentions, the court below can consider it and can decide the issue. The EI court shall issue notice to the parties intimating the date of appearance. For the said purpose the impugned order is set aside. The appeal is disposed of accordingly. M.N.KRISHNAN, JUDGE vps Ins. Appeal No.26/05 3