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Dependents of deceased employees are not entitled to any compensation when employee died due to some other disease later on after getting treated of employment injury. - The Employees’ State Insurance Act, 1948

An injured employee- insured or his dependants in case of death of the employee-insured are entitled to claim medical benefits or expenses incurred for treatment of the injured, as provided under Section 56 of the Employees' State Insurance Act, 1948 subject to the conditions (i) attendance of the employee to establish employer-employee relationship and (ii) medical treatment availed.

Insured suffered injuries while he was working on duty. He got medical treatment from hospitals and ESI dispensary and later on he developed Bilateral Pulmo-nary 'Tuberculosis' and died. His widow and children filed application before Employee Insurance Court claiming compensation of Rs. 5.00 lacs. EI Court dismissed the claim of the claimants with regard to employment injury resulting in the death of the insured but awarded medical expenses of Rs. 50,000 in addition to earlier amount of Rs. 19,725 paid by the ESIC. ESI Corporation challenged the judgment of the EI Court in appeal. Held, injured or his family shall be entitled to medical benefits under Section 56 of the Act since the accident took place during employment. Amount awarded by the EI Court is just and reasonable and not excessive. Hence, appeal stands dismissed.

-ESI Corporation, Hubli vs. Padmauati Shanakr Kalal & Ors. 2017 LLR 842 (Kar. HC.)


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