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1991 Supreme(Online)(Ker) 48

KERALA HIGH COURT
*Varghese Kalliath, Guttal, JJ.
Vasudevan Nair v. Regional Director ESI Corporation


Table of Content
1. disability assessment and its implications (Para 1 , 2 , 3)
2. arguments surrounding disability benefit assessment (Para 4 , 5 , 6)
3. role of the employees' insurance court in disability cases (Para 7 , 8 , 9)
4. court's directive for reassessment of disability (Para 10 , 11)

1 This is an appeal against the order of the Employees' Insurance Gouri, Alleppey. The subject matter of the appeal was a dispute as regards the disability benefit of the appellant herein.

2. Appellant is an insured employee. He met with an accident in the course of his employment. This happened on 25-7-1985. Appellant is a loading helper. As we understand from the terminology of his work, viz., loading helper, it must be a strenuous work, which requires physical exertion. There was no dispute that as a result of the accident, he sustained a compound fracture at his right hand. He has undergone a long treatment, for about 144 days. Even at the time when the certificate of disability was issued, it was revealed that a steel plate has been inserted for the purpose of uniting the fractured bone. From the fact that the appellant has undergone treatment for a period of 144 days and from the nature of










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