New Delhi, Feb 10 (PTI) The Supreme Court Wednesday junked a plea by a former seaman who claimed disability compensation on account of a cardiac ailment saying that impairment did not occur in the course of employment.
A three-judge bench of Justices S K Kaul, Dinesh Maheshwari and Hrishikesh Roy upheld a judgment of the Patna High Court and said the high court was correct in concluding that Dilated Cardiomyopathy condition would not facilitate any benefit to the appellant under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act.
'In the case in hand, no linkage between the on ship duty and the appellant's medical condition could be established. The dilated Cardiomyopathy condition of the appellant is neither a specified disability nor is the same relatable to the broad spectrum of impairments, which hinders his full and effective participation in society,' the bench said.
'Therefore, we are of the considered opinion that Dilated Cardiomyopathy condition of the appellant does not bring his case within the ambit of either the 1995 Act or of the 2016 Act,' the apex court said.
Dilated cardiomyopathy is a condition in which the heart muscle becomes weakened and enlarged. As a result, the heart cannot pump enough blood to the rest of the body.
The petitioner, Nawal Kishore Sharma, had challenged the judgement of the High Court which had rejected the seaman's claim for disability compensation under clause 21 of the National Maritime Board Agreement and endorsed the order of the Shipping Corporation of India (SCI).
According to the SCI, the appellant's was not a case of accidental injury during duty on the vessel and therefore, only severance compensation is payable to the appellant.
This is because the Seaman is capable of performing other kinds of job and his day-to-day normal work is not affected, SCI had said.
The petitioner contended that that seaman is entitled to 100 per cent disability compensation under Clause 21 of the National Maritime Board Agreement. PTI PKS RKS RKS