IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Ins.APP.No. 11 of 2007() --------------------------------- IC.21/2005 of EMPLOYEES INSURANCE COURT, ALAPPUZHA .................... APPELLANT/RESPONDENT --------------------------------------- THE REGIONAL DIRECTOR, E.S.I. CORPORATION REGIONAL OFFICE N.S.ROUND THRISSUR - 20. BY ADV. MR.T.V.AJAYAKUMAR RESPONDENT/APPLICANT -------------------------------------- ANIL KUMAR, S/O.KARUNAKARAN, NIKARTHIL HOUSE, KOMMADY, THUMPOLLY, ALAPPUZHA. BY ADV. MR.ASOK M.CHERIAN. THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Ins.APP.No. 11 of 2007 ORDER ON I.A. NO.444/2007 IN INAP. NO.11/2007 DISMISSED 05/10/2009. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.S. TO JUDGE rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = INS.APPEAL NO. 11 OF 2007 = = = = = = = = = = = = = = = Dated this the 5th day of October, 2009. J U D G M E N T This appeal is preferred by the Employees State Insurance Corporation against the order of the E.I.Court, Alappuzha in I.C.21/05. The applicant therein developed chest pain and it was diagnosed as a case of chronic coronary artery disease. Then he applied for the extended sickness benefits which was not granted stating that there is no ground to pay the same. It has to be remembered that admittedly the employee is suffering from a coronary artery disease with anterior wall and posterior wall infraction. In cases where the gravity of the disease is so high the E.S.I Corporation is given the discretion to give extended benefits to such persons. Or in other words, this benevolent legislation is intended to give help to the deserving employees who are suffering from serious diseases. When such is the intention the benefits cannot be refused on the ground that it does not come under the schedule of diseases. INS.APPEAL NO. 11 OF 2007 -:2:- Therefore I direct the Employees Insurance Corporation again to make an investigation to find whether the ailment is so serious and whether any relaxation can be given to him by using the provisions and then pass appropriate orders. In the result the appeal is allowed and the order passed by the E.I.Court is set aside and the E.S.I. Corporation is given a direction to consider the case of the applicant afresh taking into consideration the seriousness of the ailment and the intention of the legislature and also the benefits that it is intended to give. The Ins.Appeal is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-