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INDER SINGH MEHTA
Employees State Insurance – Appellant
Versus
Priya Ranjan Kumar – Respondent
ORDER
Inder Singh Mehta, President.—The instant appeals are arising out of the common order dated 06.07.2023 passed by the District Commission, Solan, in consumer complaint No.167/2019 titled Priya Ranjan Kumar Versus Employees State Insurance., whereby the complaint filed by the complainant was allowed.
Brief facts of the Case:
2. Brief facts of the case are that the complainant was working in production department with M/s Rajani Paper Products, Unit-I, HPSIDC, Plot No. 70 Lodhimaira, Tehsil Baddi Distt. Solan (HP). The complainant was duly covered under ESI vide No.IP 1415454134 and necessary premium was being paid regularly to opposite party/ESI. The opposite party/ESI had undertaken to compensate the complainant and pay full claim of expenses of any treatment and medicines etc. in case of any ailment while working with the aforesaid Company. The complainant came to know about his disease of kidney in January 2017, so he was admitted at ESIC Hospital Katha on 23.01.2017 for treatment and thereafter, in Fortis Hospital, Mohali in very critical condition. Father of complainant decided to donate his kidney to complainant & gave consent for Kidney transplantation at Fortis Hospital
Damages under the E.S.I. Act are discretionary, not mandatory, and must consider genuine hardships, reaffirming that penalties should not automatically apply.
The ESI Corporation is duty bound to provide benefits to insured persons and their dependents, even if the employer fails to remit contributions, and recovery from the employer is allowed under Secti....
The obligation for reimbursement of medical expenses under the ESI Act primarily lies with the State Government, while the ESI Corporation has a limited role.
Negligence and vicarious liability – ESI Corporation, having received the subscription from the subscriber/complainant and having admitted that the death of the child was due to administration of dru....
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