Disablement benefit.
51. Subject to the provisions of this Act [* * * *]
(a) a person who sustains temporary disablement for not less than three days (excluding the day of accident) shall be entitled to periodical payment at such rates and for such periods and subject to such conditions as may be prescribed by the Central Government ;
(b) a person who sustains permanent disablement, whether total or partial, shall be entitled to periodical payment at such rates and for such periods and subject to such conditions as may be prescribed by the Central Government:
[* * *]
COMMENTS
In case there is sub-normal eyesight or the required vision is lost to a driver, it would not be covered by the provisions of the Act as an employment injury or as an occupational disease for the apparent reason that the Act contains no provision to grant Compensation in the case of a disability to continue a particular job.-- Anand Bihari v. Rajasthan State Road Transport Corporation 1991 (62) FLR 81.
ESI court while taking a decision upon the disablement question is never prevented from estimating and finding its own percentage of loss of earning capacity which the insured person suffers and determine the extent of disablement benefit to which the insured person is entitled, when it finds that such injury is outside the description of one or the other injury which is described in the Second Schedule of the Act.-- Regional Director, ESI Corporation v. S. Sarvanam 1990 (60) FLR 165 . |