Heart Disease on the High Seas: Employer’s Appeal Rejected in Compensation Case.
05 January 2024
Workmen's Compensation >> Labor Law
The Shipping Corporation of India Limited appealed a decision under the Workmen's Compensation Act, challenging the compensation awarded to the deceased respondent, Mr. Dasu M. Kutty, for a heart condition allegedly caused by the strenuous manual work performed during his 32 years of service as a seaman. Mr. Kutty suffered chest pain while on duty in 1991, leading to a bypass surgery and his medical unfitness for sea service.
The Appellant argued that the respondent’s injury was not covered by the Act, as there was no permanent disablement, and the disease was not linked to employment. The employer also contended that the claim did not qualify for compensation under the N.M.B. Agreement, as the claimant could still perform other work, and challenged the penalty and interest awarded.
However, the court found that the respondent’s long-term work on the ship contributed to the heart condition, and he was declared unfit for sea service. The appeal was dismissed, with the court ruling that the award of compensation was justified, based on the legal framework of the Workmen's Compensation Act, which allows for interest and penalties if compensation is not paid when due.
The appeal was dismissed, and no costs were awarded. The employer’s objections regarding the absence of a total disability and the penalty were rejected, with the decision based on the facts and legal provisions of the Act.
WORKMENS COMPENSATION ACT, 1923