Case Note & Summary
The appellant, The Shipping Corporation of India Limited, challenged an order dated 22nd May 1998 passed by the Commissioner for Workmen's Compensation and Judge, 11th Labour Court, Mumbai, awarding compensation of Rs.1,73,295 to the respondent, Ratanji Somabhai Tandel, under the Workmen's Compensation Act, 1923. The respondent was employed as a Helmsman on the appellant's ship 'CV Raman' from 26th March 1993. In July 1993, he suffered from fever and was found to have Diabetes Mellitus. As per the appellant's rules, a workman with Diabetes Mellitus is unfit for duty on a ship, and the respondent was discharged on medical grounds. The respondent claimed compensation by letter dated 18th October 1993, and upon failure of payment, filed a claim application. The Commissioner held that Diabetes Mellitus was an employment injury arising out of and in the course of employment and awarded compensation. The appellant contended that there was no evidence that the respondent suffered any injury in the course of and arising out of employment. The court considered the submissions and found that the respondent had not adduced any evidence to show that the disease was caused by or related to his employment. The disease was not an occupational disease under the Act. The court held that the burden of proof was on the claimant to establish a causal connection between the employment and the injury, which was not discharged. The appeal was allowed, the impugned order was set aside, and the claim for compensation was dismissed.
Headnote
A) Workmen's Compensation - Employment Injury - Causal Connection - Section 3 Workmen's Compensation Act, 1923 - The issue was whether Diabetes Mellitus contracted by a helmsman employed on a ship constituted an injury arising out of and in the course of employment. The court held that there was no evidence to show that the disease was caused by or related to the nature of his work. The disease was not an occupational disease and the claimant failed to establish a causal link between the employment and the disease. The appeal was allowed and the compensation award was set aside. (Paras 1-3)
Issue of Consideration
Whether Diabetes Mellitus contracted by a seaman constitutes an employment injury arising out of and in the course of employment under the Workmen's Compensation Act, 1923.
Final Decision
The appeal is allowed. The impugned judgment and order dated 22nd May 1998 passed by the Commissioner for Workmen's Compensation and Judge, 11th Labour Court, Mumbai, is set aside. The claim for compensation filed by the respondent is dismissed.
Law Points
- Employment injury must arise out of and in the course of employment
- Disease must be causally connected to employment conditions
- Burden of proof on claimant to establish causal link
- Diabetes Mellitus is not an occupational disease under the Act
