IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 Ins.APP.No. 2 of 2006() ----------------------- EIC.59/2003 of E.I.COURT, KOZHIKODE .................... APPELLANTS/OPPOSITE PARTIES ------------------------------------- 1. THE DIRECTOR, H.O. OFFICE OF THE E.S.I. CORPORATION, COTALA ROAD, NEW DELHI-2. 2. THE DIRECTOR, REGIONAL OFFICE OF THE E.S.I. CORPORATION, THRISSUR. 3. THE MANAGER, LOCAL LOCAL OFFICE, E.S.I. CORPORATION, PAPPINISSERY, KANNUR DISTRICT. BY ADV. SRI.P.SANKARANKUTTY NAIR RESPONDENT/APPELLANT ------------------------ V.CHANDRAMATHI, W/O.BALAN, VADI HOUSE, PUNNAKULANGARA P.O., KANNUR, KANNUR DISTRICT. ADV. SMT.K.K.CHANDRALEKHA FOR R1 SRI.GOPAKUMAR.G. FOR R1 THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- Ins. Appeal No. 2 OF 2006 --------------------- Dated this the 17th day of October, 2008 JUDGMENT This appeal is preferred against the order of the Employees' Insurance Company, Kozhikode, in E.I.C. 59/03. It was an application filed seeking a declaration that the applicant therein is entitled to the extended sickness benefit for the period from 25.2.03 to the date of her joining. The EI court held that she is entitled for such benefit from 24.2.03. It is against that decision, the E.S.I. Corporation has come up in appeal. 2. A perusal of the order would reveal that the applicant is suffering from Inter Vertebral Disc Problem and she had undergone treatment. The applicant was referred to a Medical Board and the Medical Board entered into a finding that she is fit to join the duty. The E.I. Court held that it is unsustainable and had granted the benefit. When a Medical Board constituted had given a finding, some credit has to be given to the same and it cannot be simply brushed aside without materials. It is true that the Board's finding may be incorrect. But it has to be proved by cogent medical Ins. Appeal 2/06 2 evidence. I find that there are some scan reports in the form of Ext.P9. There is nothing which prevents the applicant from examining such person to prove regarding the seriousness of the ailment and the incapacity to do the work. Merely on the basis of some document, which does not directly reflect the incapacity of the person to do the work, the court should not have jumped to the conclusion against the finding of the Medical Board. Therefore, I set aside the order of the EI Court and direct the said court to consider the matter afresh. The applicant is also given liberty to produce medical evidence and if necessary she can request for a reference to a Medical Board again. After considering the materials available, the EI Court shall decide the matter afresh and pass appropriate orders. Needless to say that the E.S.I. Corporation is also entitled to substantiate its contentions by producing additional materials. The EI Court is directed to fix the date of appearance and intimate the parties about the hearing date. M.N.KRISHNAN, JUDGE vps Ins. Appeal 2/06 3