ORDER 1. Being aggrieved by order dated passed 29.9.2004 passed by Employees State Insurance corporation Court (Labour Court), Indore in Case No. 8/02 ESI, whereby application filed by the respondent No.1 for grant of accidental benefits was allowed and the appellant was directed to pay the accidental benefits to the respondent No.1, the present appeal has been filed. 2. Short facts of the case are that respondent No.1 filed an application u/s. 75 of the ESI Act 1948, which shall be referred herein after the Act before the Labour Court, Indore for grant of disablement benefits on the ground that during the course of employment on 28.7.2001 with the respondent No.2, respondent No. 1 sustained injuries on the right hand elbow and wrist. 3. The claim petition was contested by the appellant. After holding the inquiry learned labour Court allowed the application and held that during the course of sickness due to the injuries respondent No.1 has already been paid a sum of Rs. 5,733/- by the appellant. It was further held that respondent No.1 is entitled for accidental disablement benefits, against this order the present appeal has been held. 4. Shri Vivek Sharan, learned counsel for the appellant submits that the findings of the learned Court below is illegal and deserves to be set aside. It is further submitted that respondent No.1 has not been examined by medical board constituted by the appellant under section 54 of the ESI Act. 5. Shri K.K. Kaushal, learned counsel for the respondent No.1 submits that after due inquiry learned Court below has held that respondent No.1 is entitled for the accidental benefits. 6. Looking to the controversy involved in the appeal, the appeal is disposed of with a short direction that respondent No. 1 shall appear in the office of appellant on 31st of August 2007. At that time appellant shall intimate the respondent No.1 in writing that on what date respondent No. 1 has appear before the medical board constituted under section 54 of the ESI Act. On that date respondent No.1 will appear before the medical board. Medical board shall determine the permanent disablement of the respondent No. 1 if any. The appellant shall pay the compensation of permanent disablement to the respondent No.1 according to the findings of the medical board. 7. With the aforesaid modification, appeal stands disposed of.