IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 Ins.APP.No. 13 of 2009(C) ------------------------ IC.2/2006 of ESI COURT,IDUKKI .................... APPELLANT/OPP PARTY ------------------------------- E S I CORPORATION, PUNCH BHAVAN, NORTH SWARAJ ROAND, THRISSUR 20 REP. BY ITS REGIONAL DIRECTOR. BY ADV. SMT.T.D.RAJALAKSHMY, SC, ESI CORPN. RESPONDENT(S): APPLICANT ------------------------------- MANGALAM PUBLICATIONS (INDIA) PVT. LTD., MANGLAM COMPLEX, P.B. NO.3, S.H.MOUNT POST, KOTTAYAM. REP. BY ITS MANAGING DIRECTOR SRI. SABU VARGHESE. ADV. SRI.E.K.MADHAVAN THIS INSURANCE APPEALS HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = INS.APPEAL NO. 13 OF 2009 = = = = = = = = = = = = = = = Dated this the 22nd day of October, 2009. J U D G M E N T This appeal is preferred against the order of the Employees Insurance Court, Idukki in I.C.2/06. By the order the Court below held that the delay in paying the contribution was only due to paucity of funds and therefore the amount payable towards damages was reduced to 10% of the amount demanded towards damages. A perusal of the order would show that the Court below has considered the matter in the right perspective. It is true that the paucity of funds alone is not a ground to disallow damages. It has been held by Courts that there must be mensrea or contumacious conduct to evade payment. The Court below has taken into consideration all the materials and had reduced it to 10%. It appears to be quite reasonable and therefore I do not propose to interfere with that order. Therefore the appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-