Case Note & Summary
The case involves an appeal by the Shipping Corporation of India Ltd. against an order of the Commissioner for Workmen's Compensation awarding Rs.3,40,000/- to the respondent, a chief cook employed on the appellant's vessel. The respondent complained of rectal bleeding on 28.1.1992, was signed off the next day, and admitted to a hospital in Vishakhapatnam. A doctor's certificate dated 14.2.1992 diagnosed him with Diabetes Mellitus. On 2.3.1992, he underwent surgery for piles and was discharged. On 7.4.1992, a blood report confirmed diabetes, and he was certified permanently unfit for employment on the appellant's ship. In 1994, the respondent filed a claim for compensation under the Workmen's Compensation Act, 1923, alleging that he developed diabetes due to his employment. The appellant resisted, contending that diabetes is not an employment injury. The Commissioner, after considering oral and documentary evidence, awarded compensation. The appellant challenged this order in the High Court. The High Court, after hearing arguments, held that the disease arose out of and in the course of employment, as the nature of the work (cooking on a ship) contributed to the disease. The appeal was dismissed, and the Commissioner's order was upheld.
Headnote
A) Workmen's Compensation - Occupational Disease - Diabetes Mellitus - Section 3 of Workmen's Compensation Act, 1923 - Whether diabetes contracted by a chief cook on a vessel is an employment injury - The respondent, a chief cook, developed diabetes mellitus while employed on appellant's ship. He was signed off, operated for piles, and certified permanently unfit. The Commissioner awarded compensation. The High Court held that the disease arose out of and in the course of employment, as the nature of work (cooking on a ship) contributed to the disease. The appeal was dismissed. (Paras 1-5)
Issue of Consideration
Whether diabetes mellitus contracted by a seaman can be considered an injury arising out of and in the course of employment under the Workmen's Compensation Act, 1923.
Final Decision
The High Court dismissed the appeal and upheld the Commissioner's order awarding Rs.3,40,000/- to the respondent.
Law Points
- Workmen's Compensation Act
- 1923
- Section 3
- occupational disease
- diabetes mellitus
- employment injury
- burden of proof
- causation
