Workmen’s Compensation Act, 1923 – Injury while on ship duty as Seaman (Deck Sarang) on the ship – Declared Medically unfit – 100% permanent disability under clause 12 of the National Maritime Board Agreement

Judgment dated 5.1.2024 in First Appeal No.708 of 1996 of Shipping Corporation of India Ltd Vs. Mr. Dasu M. Kutty since deceased through his L.Rs.

Workmen’s Compensation Act, 1923 – Injury arising out of and in the course of employment as Seaman (Deck Sarang) on the ship – Declared Medically unfit – Compensation for permanent disablement under the National Maritime Board Agreement –

Deceased Dasu was working with the appellant since 1958.   On 14.1.1991, while on the ship duty, he suffered chest pain and same was reported.   However, he continued to work and on reaching Madras on 15.6.1991, he was admitted in the hospital.   Thereafter, he underwent by-pass surgery and declared medically unfit on 16.12.1991 for sea services.

By the judgment dated 13.2.1996, the Commissioner had directed the appellant – employer to pay compensation of Rs.3,16,688 with interest at 6%, penalty of Rs.75,000/- and cost of Rs.1,000/-.

HELD that as per clause 21 of NMB Agreement, there is requirement of 100% disability and must be interpreted to mean 100% disability to work as sea-man.   The admission of the employee in the cross-examination to work on the ship, by any stretch of imagination, cannot override the admitted position that he was declared medically unfit for sea services.