IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 Ins.APP.No. 52 of 2006() ------------------------ IC.15/2004 of EI COURT, PALAKKAD .................... APPELLANT/OPPOSITE PARTY: --------------------------------------------- THE REGIONAL DIRECTOR, ESI CORPORATION, PANCHADEEP BHAVAN, NORTH SWARAJ ROUND, THRISSUR. BY ADV. SRI.T.V.AJAYAKUMAR RESPONDENT(S): APPLICANT: ------------------------- M/S. EDDY CURRENT CONTROLS (INDIA) LTD. POTTA P.O., CHALAKUDY, KERALA-680 722, REPRESENTED BY THE MANAGING DIRECTOR, M.D. JOSE. ADV. SRI.P.RAMAKRISHNAN SRI.C.ANIL KUMAR THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON 17/06/2009 PASSED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. ```````````````````````````````````````````````````` Insurance Appeal No. 52 OF 2006 A ```````````````````````````````````````````````````` Dated this the 17th day of June, 2009 J U D G M E N T Joseph, J. Heard learned counsel for the appellant and learned counsel for the respondent. The Employees' Insurance Court disposed of the application filed by the respondent by setting aside Ext.A10 notice for interest at 15% and Exts.A11 to A16 orders for damages and directing the opposite party to issue fresh notice for interest at the rate of 12% or at a higher rate not exceeding the lending rate of interest charged by the Scheduled Banks at the relevant time. The question of law which is purported to be raised is pertained to setting aside the notice demanding damages. In the light of the decision reported in Employees' State Insurance Corporation Vs. HMT Ltd. and another [AIR 2008 SC 1322], we would think that the question of law is to be answered against the appellant as Ins. Appeal No.52/06 : 2 : what is involved is damages and demand for damages without reference to the financial difficulty may not be justified. Accordingly, we find no merit in the appeal and it is dismissed. Sd/- (K.M.JOSEPH, JUDGE) Sd/- (M.L. JOSEPH FRANCIS, JUDGE) aks // True Copy // P.A. to Judge