In a landmark judgment impacting the compensation payable under the ECA Act, the Madras High Court has ruled the loss of internal organs as a permanent disability.
The Court has asked the Centre to enact necessary amendments to include injuries to internal organs like, kidneys, lungs, livers etc as scheduled injuries under the Employees' Compensation Act, 1923.
The Court was hearing a case relating to a factory worker who had suffered internal injuries in the year 2000, in a fall during work inside a Factory. However, he was denied compensation on the ground that loss of one kidney was not a disability under the ECA.
Earlier, the ESI Court at Puducherry had awarded a compensation of Rs. 2 Lakhs to the victim, which was appealed by the Employees State Insurance Corporation in the Madras High Court.
Rejecting the appeal, the Hon'ble High Court has enhanced the compensation to Rs. 2.5 Lakhs, treating the loss of kidney as a permanent disability.