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2017 DIGILAW 130 (KAR)

ESI Corporation v. Padmavati

2017-01-20

S.SUJATKA

body2017
JUDGMENT : S. Sujatka, J. This appeal is by the Employees State Insurance Corporation ['Corporation', for short] challenging the Judgment and Order passed by the Employees State Insurance Court, Hubli, ['ESI Court', for short] in ESI Application No. 17/2006 2. The facts in brief are: That the deceased Shankar son of Bhima Kalal was working as Turner in Gokak Mills. On 12.12.1998 while he was discharging his duty in second shift, near Lathe Machine No.4 in Engineering Department, fell down due to giddiness and became unconscious. It appears immediately he was taken to Gokak Mills dispensary and thereafter shifted to K.H.I. Hospital, Ghataprabha and thereafter he was shifted to private Nursing Home, Gokak and again shifted to Gokak Mills Hospital on 15.12.1998 wherein, he had taken treatment as an inpatient from 28.12.1998 for two months. He while taking treatment developed some problems. Subsequently, he was referred to ESI Hospital, Belgaun: on 31.1.2000 for further treatment and it was diagnosed that he has developed Bilateral Pulmonary Tuberculosis. After that he died on 13.8.2000. The widow and children of the deceased Shankar filed the application before the Insurance Court contending that the death of said Shankar was due to employment injuries and sought for compensation to the tune of Rs.5,00,000/- with interest at 18% per annum. On service of notice, the appellant/Corporation appeared through their Counsel and contested the claim. The Insurance Court, after evaluating the evidence on record, dismissed the claim of the appellants/claimants in much as the employment injury resulting in the death of the deceased, however, awarded further medical expenses of Rs.50,000/- to the applicants/claimants in addition to the medical expenses already paid at Rs. 19,725/- without interest. Being aggrieved by the same, the Corporation is in appeal. 3. The learned Counsel appearing for the appellant/Corporation would contend that the insurance Court erred in awarding a sum of Rs.50,000/- towards the further medical expenses without any reasons. The medical expenses of Rs. 19,725/- was already reimbursed by the Corporation. There was no iota of evidence that the applicants/claimants had incurred the huge medical expenses to the tune of Rs.50,000/- and they are entitled for the same. The order of the ESI Court is based only on assumptions and presumptions without there being any valid basis. Accordingly, he seeks for setting aside the impugned order. 4. There was no iota of evidence that the applicants/claimants had incurred the huge medical expenses to the tune of Rs.50,000/- and they are entitled for the same. The order of the ESI Court is based only on assumptions and presumptions without there being any valid basis. Accordingly, he seeks for setting aside the impugned order. 4. Per contra, learned Counsel appearing for the claimants would contend that the claim of the applicants/claimants seeking compensation for the death of the employee due to the employment injury was denied by the ESI Court. It is only medical benefits as provided under Section 56 of the Employees State Insurance Act, 1948 ['Act', for short] was awarded. The appellant had paid initial medical expenses to the tune of Rs. 19,725/- accepting the liability towards the medical benefits entitled by the claimants. Considering the period of medical treatment taken by the deceased after the untoward incident i.e., on 12.12.1998 till 13.8.2000, the ESI Court awarded further medical expenses of Rs.50,000/- which is just and reasonable and does not warrant any interference by this Court. 5. Heard the learned Counsel for the parties and perused the material on record. 6. It is evident that the ESI Court has negated the contentions of the claimants/applicants that the deceased Shankar died due to the employment injuries sustained by him in the course of employment. However, it is apparent from the records that the incident occurred on 12.12.1998 when the employee while working under the respondent No.6 herein fell down due to giddiness and lest his consciousness and thereafter he was under consistent medical treatment for nearly two years till his death on 13.S.2000. In view of the same, the ESI Court awarded further sum of Rs.50,000/- towards the medical expenses in addition to Rs. 19,725/- reimbursed by the appellant/Corporation which is sustainable. 7. Section 56 of the Act contemplates that the injured person or member of his family whose condition requires medical treatment and attendance shall be entitled to receive medical benefit. In view of the said provision, the deceased being employee of the respondent No.6 and insured person was entitled to medical benefits incurred by him. Considering the totality of the circumstances of the case, the quantum of the medical expenses determined under the ESI Act is just and reasonable and under any circumstances cannot be considered as excessive or exorbitant. In view of the said provision, the deceased being employee of the respondent No.6 and insured person was entitled to medical benefits incurred by him. Considering the totality of the circumstances of the case, the quantum of the medical expenses determined under the ESI Act is just and reasonable and under any circumstances cannot be considered as excessive or exorbitant. No substantial question of law arises for consideration in this appeal. 8. Appeal stands dismissed as devoid of merits.