IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Ins.APP.No. 15 of 2007(F) --------------------------- IC.99/2003 of EMPLOYEES INSURANCE COURT, ALAPPUZHA .................... APPELLANTS/RESPONDENTS ------------------------------------------ THE REGIONAL DIRECTOR, E.S.I. CORPORATION, NORTH SWARAJ ROUND, THRISSUR-20. BY ADV. SRI.P.SANKARANKUTTY NAIR RESPONDENT(S): APPLICANT/RESPONDENT -------------------------------------------------- 1. K.P.VASUDEVAN, S/O.PADMANABHAN, KOCHAMPARAMBIL, NORTH ARYAD, ALAPPUZHA. 2. THE MANAGING DIRECTOR, KERALA SPINNERS, KOMALAPURAM, ALAPPUZHA. ADV. SRI.ASOK M.CHERIAN FOR R1 THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = INS.APPEAL NO. 15 OF 2007 = = = = = = = = = = = = = = = Dated this the 30th day of September, 2009. J U D G M E N T This appeal is preferred against the order of the E.I.Court, Alappuzha in I.C.99/03. The petition was filed seeking a direction to the respondent to disburse extended sickness benefits for the period of his certified leave from 26.10.2002 onwards as he is suffering from HTN/DM/CAD/EFFORT Angina. Though the Deputy Medical Commissioner, Bangalore forwarded the papers to the ESI Corporation, Head Quarters with expert medical opinion the Head Quarters did not find reason to relax and therefore negatived the prayer of the applicant. It is true that the present disease is not covered under the extended inclusion of certificate diseases. But it can be seen that the suffering of the person is in the nature of a heart ailment especially angina. Angina is a disease where exertion results in calamitous consequences and the welfare legislations like the INS.APPEAL NO. 15 OF 2007 -:2:- Employees State Insurance Act are intended to extend the benefits to the deserving persons and pass appropriate orders. I am in agreement with the learned counsel when he argues for the position that the E.I. Court was not right in sitting over the orders of the E.S.I. Corporation Head Quarters and giving a declaration to grant the benefits. But it has to be remembered a person who is suffering from angina is knocking at the doors of the authorities for justice and especially when it is supported by medical evidence it shall not be considered on a routine basis but human consideration should prevail and if justice really requires to be meted from out then in such situation the wide power granted to the E.S.I. Corporation has to be judicially exercised in favour of the applicant. Therefore I set aside the declaration given by the E.I.Court and direct the Corporation to consider the case of the applicant legally, medically and sympathetically taking into consideration the recommendations given by the Deputy Commissioner, INS.APPEAL NO. 15 OF 2007 -:3:- Bangalore and pass appropriate orders that too within a stipulated time of two months from the date of receipt of a copy of this judgment. M.N. KRISHNAN, JUDGE. ul/-