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Judgment
Basant Balaji, J
The petitioner is an Ex security guard. He was enrolled under the Employees State Insurance Act with Ins.No.394883. On 15.12.1987, he met with an accident and sustained serious injuries. He had to undergo prolonged treatment and for getting permanent disability benefits, he was referred to a medical board to assess his loss of earning capacity. Though the Medical Board made a provisional assessment of 6% loss of earning capacity on 8.6.1988, it was later reduced to 2% on a permanent basis, against which the petitioner filed an appeal as appeal No.28 of 1989 before the Employees Insurance Court, Alappuzha. The said appeal was dismissed.
The petitioner, thereafter, filed M.F.A.No.1154 of 1992 before this court and it also ended in dismissal. Aggrieved by the non payment of the amount as ordered in I.C.A.No.3 of 2003, an appeal was filed as Ins. Appeal No.12 of 2005 and this court remanded the matter for consideration. It is, thereafter, that the case was renumbered as I.C.A. No.5 of 2007 and after adducing additional evidence, disposed of as per Ext.P1. The Medical Board examined the petitioner and found that the permanent disability as a result of the employment injury is 60%. He continued till 28.9.1999 and took voluntary retirement. The petitioner is totally bedridden due to the accident and continued treatment. The appeal was disposed of by the Insurance court declaring that the appellant is entitled to permanent disablement for 60% LEC with effect from 28.9.1999.
The petitioner, therefore, filed a representation stating that in calculating the permanent disability benefit, the wage as on 28.9.1999 has to be taken into consideration. The said request was turned down by Ext.P2 communication dated 28.4.2015. Though an appeal was filed before the 1st respondent it was also dismissed by Ext.P4. Therefore, he has approached this court by filing this Writ Petition for a direction to the respondents to grant permanent disablement benefit for 60% with effect from 28.9.1999, taking the salary as on 27.9.1999 instead of the date of accident.
Sub rule 3 of Rule 57 of the Employees State Insurance (Central), Rules 1950 makes it clear that the daily rate of disablement benefit shall be 90% of the standard benefit rate in the contribution period corresponding to the benefit period in which the employment injury occurs, rounded to the next higher rupee. It is not in dispute that the accident occurred on 15.12.1987 during the course of employment. So for calculating the permanent disablement benefit for 60% of LEC the salary drawn on the date of the accident has to be taken. The Employees State Insurance Court declared that the appellant is entitled to permanent disablement benefit for 60% with effect from 28.9.1999 because he continued in service from 15.12.1987 and he voluntarily retired on 28.9.1999. the declaration is given by the ESI court that he is entitled to permanent disability of 60 % LEC with effect from 28.9.1999.
The petitioner has taken voluntary retirement after a period of more than 12 years from the date of the accident an till such time he was earning. In such a situation the wages as on the date of the accident can only be taken for calculation. Ext P2 and P4 reply by the authorities are legally in order, and therefore no interference is warranted.
In the result, the Writ Petition fails and it is dismissed.