IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 Ins.APP.No. 55 of 2005(A) ------------------------ IC.86/2003 of ESI COURT, PALAKKAD .................... APPELLANTS/OPP PARTIES ------------------------------------------ 1. EMPLOYEES STATE INSURANCE CORPORATION, PANCHDEEP BHAVAN, NORTH SWARAJ ROUND, THRISSUR REP. BY THE REGIONAL DIRECTOR. 2. THE RECOVERY OFFICER, E S I CORPORATION, THRISSUR. BY ADV. SMT.T.D.RAJALAKSHMY, SC, ESI CORPN. RESPONDENT(S): APPLICANT ------------------------ ALAGAPPA TEXTILES (COCHIN) MILLS, A UNIT OF NATIONALTEXTILE CORPORATION LTD., (A GOVT. OF INDIA UNDERTAKING), ALAGAPPA NAGAR, THRISSUR-680 302, REP. BY ITS GENERAL MANAGER. BY ADV. SRI.U.K.RAMAKRISHNAN, SENIOR ADVOCATE SRI.P.V.LOHITHAKSHAN SMT.P.VIJAYAMMA THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 29/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - INS.A.No. 55 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2009 JUDGMENT Joseph, J. Heard the learned counsel for the appellants as also the learned counsel appearing on behalf of the respondent. 2. The question of law that arises for consideration in this case is whether the court below was justified in holding that the claim, which is beyond five years, is to be treated as barred. The Insurance Court followed the decision of this Court in Employees State Insurance Corporation v. Excell Glasses Ltd. (2003 (3) KLT 42 (FB) and held that claims beyond five years are barred. The said judgment stands reversed by the decision of the Apex Court in Employees' State Insurance Corporation v. C.C. Santhakumar (2007 (1) KLT 133)(SC). This means that the impugned judgment is only to be set aside and the matter is to be remitted for reconsideration. INS.A.No. 55 of 2005 2 3. Accordingly, the impugned judgment is set aside and the matter is remitted to the Insurance Court, which court will proceed to reconsider the matter afresh in accordance with law, with opportunity to the parties. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm INS.A.No. 55 of 2005 3