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2007 Supreme(Ker) 637

K.HEMA
E. S. I. Corporation – Appellant
Versus
R Ramakrishnan – Respondent


JUDGMENT

1. Can the Medical Board constituted under the Act ('the Statutory Board', for short) determine, as a 'disablement question', as to what was the 'employment injury' caused to an insured employee in the relevant accident, on a reference under S.54A of the Employees State Insurance Act ('the Act for short)? Can the Employees Insurance Court ('Insurance Court', for short) determine by itself, disputed questions relating to 'employment injury' and 'permanent disablement' caused to the employee? Is there any difference between 'employment injury' and 'permanent disablement'? Is the Statutory Board, the sole authority which can determine 'employment injury' and 'permanent disablement' of an insured employee? Can the Insurance Court refer the employee to any medical board other than the Statutory Board for assessing 'permanent disablement'? These are the main questions which arise for consideration in this case.

2. FACTS BRIEFLY:

The respondent herein was a watchman in a cotton mill. He is an employee as defined under the Act. On the crucial night, while he was on duty, he accidentally fell down from the stair case and sustained certain injuries. He was removed to the hospital and t
















































































































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