Accident Compensation – Income of Maritime Engineer
Judgment dated 24.4.2025 of the High Court of Bombay in First Appeal No.670 of 2015 of Dr. Dhanashri Rajesh Deshmukh and others Vs. Saroj Kumar Behera and another
Deceased Maritime Engineer was professionally qualified, employed in a specialized maritime field and drawing income not comparable to conventional salaried employment.
Maritime Engineer as a Highly Skilled Professional
Bombay HC – Fixing Income of Maritime Engineer on a notional, conservation or minimum wage basis is legally unsustainable. Income cannot be assessed as if the deceased was casually employed or was unskilled.
Bombay HC – Specialized Profession and age of the deceased Maritime Engineer have clear career progression and rising international demand justify higher earning capacity and addition of future prospects.
Bombay HC Corrected Tribunal’s Undervaluation of income of deceased Maritime Engineer by treating maritime employment on par with ordinary domestic service and ignoring professional protentional. Such Undervaluation defeats the principle of “just compensation”.
Income of the Victim Maritime Engineer
The deceased was Maritime Engineer and was aged 41 years at the time of the accident. He died within few days of his employment with the company.
He had experience of 20 years. However, the Tribunal has determined notional income at Rs.8,000/- per month. The Tribunal rejected the evidence of employment contract on the ground that it did not bear signature of the deceased and that the accident occurred while travelling to visit Paradeep Port for the work of his employer.
Even assuming that there was no agreed contract because the deceased had not signed the employment contract dated 19 June 2009, still the Tribunal ought to have considered that document as a basis for arriving at a just and fair notional income of the deceased.
HELD that the best evidence led by the claimants is that of M/s. Samson Maritime Limited and Herald Maritime Services, which has gone unrebutted and which indicates the income of the deceased at Rs.1.59 lakhs per month.
Therefore, to balance the equity of both the parties, in my view and after considering the evidence of M/s. Samson Maritime Limited, Herald Maritime Services, qualifications and experience of the deceased and the nature of the industry with which the deceased was connected, Rs.1.25 lakhs per month would be a reasonable amount for arriving at the compensation.
