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C.S.RAMESAN, AGED 46 YEARS v. THE REGIONAL DIRECTOR - Ins APP No. 52 of 2004(A)  RD-KL 7364 (10 April 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMIns APP No. 52 of 2004(A)
1. C.S.RAMESAN, AGED 46 YEARS,
1. THE REGIONAL DIRECTOR,
2. FOAM MATTINGS (INDIA) LIMITED,
For Petitioner :SRI.R.PARAMESWARAN NAIR
For Respondent :SRI.A.PARVATHI MENON
The Hon'ble MR. Justice K.PADMANABHAN NAIR
O R D E R
K.Padmanabhan Nair,J.Insurance Appeal No.52 of 2004
Dated, this the 10th day of April, 2007
A workman, who filed appeal challenging a decision of the E.S.I. Medical Board, is the appellant. The appellant met with an accident during the course of employment and sustained employment injury. He underwent an examination by a Medical Board. The Board fixed his disability at 6%. Challenging that decision of the Board, the appellant filed an appeal before the Insurance Court. Before the Insurance Court, the appellant produced a disability certificate issued by the doctor, who was examined as P.W.2. Relying on the oral evidence of P.W.2 and Exhibit P2 medical certificate, the Insurance Court enhanced the disablement benefit from 6% to 20%, though P.W.2 had fixed 32% disability. Challenging that decision, the employee has filed this appeal.
2. I have carefully gone through the evidence of P.W.2 and Exhibit P2 certificate. It is not possible to accept the contention of the appellant that the entire percentage of disablement benefit fixed by P.W.2 has to be accepted. But, considering all aspects of the matter, I am of the view that the disablement benefit can be fixed at 25%. Ins.App.No.52 of 2004 In the result, the appeal is allowed in part. The disablement benefit in the case of the appellant is enhanced to 25%. I.A.No.2870 of 2004 shall stand dismissed. K.Padmanabhan Nair Judge vku/-
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