IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 Ins.APP.No. 63 of 2007() ------------------------ ICA.4/2005 of ESI COURT, PALAKKAD .................... APPELLANT/RESPONDENT ------------------------------- E.S.I. CORPORATION, REP. BY ITS REGIONAL DIRECTOR, ROUND NORTH, THRISSUR. BY ADV. SMT.T.D.RAJALAKSHMY, SC, ESI CORPN. RESPONDENTS: APPELLANT -------------------------------- SRI. K.V.KARTHIKEYAN, S/O VELAYUDHAN, KARIMAN PARAMBIL VEEDU, MUTHUVARA, PUZHAKKAL POST. BY ADV. SRI.P.RAMAKRISHNAN THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 25/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = INS.APPEAL NO. 63 OF 2007 = = = = = = = = = = = = = = = Dated this the 25th day of August, 2008. J U D G M E N T This appeal is preferred against the judgment of the Employees Insurance Court, Palakkad in I.C.A.4/05. The applicant before the said Court was an employee attached to M/s Sitharam Textiles Ltd., Thrissur. The Medical Board constituted under the E.S.I Act fixed the disability at 6%. The Medical Board constituted by the Medical College Hospital, Thrissur fixed the disability at 20%. I am not going into the further details in this case for the reason that there is evidence to show that this man has been already ousted from service under the pretext of V.R.S. and there is evidence before the Court to show that he was not in a position to continue in the textile mill and that he may fall if he walks or stands for a long time. Under such circumstances I cannot find fault with the E.S.I Court for fixing the disability at 20%. The Ins. Appeal is disposed of as above. M.N. KRISHNAN, JUDGE. ul/-