Case Note & Summary
The case involves an appeal by the Shipping Corporation of India against an order of the Commissioner for Workmen's Compensation awarding Rs.99,280/- as compensation and Rs.5,000/- as penalty to the respondent-workman, I.K. Bhagwagar, along with interest at 6% per annum. The respondent was employed as a Fitter with the appellants from 1967 and was posted on the vessel mv. Rajendra Prasad in 1985. While working, he felt giddy and was admitted to a hospital at Jamnagar for 10-12 days. He was diagnosed with Ischaemic heart disease and myocardial infarction and was declared unfit for sea service by the medical officer of the Corporation, leading to termination of his services and payment of Rs.14,250/- as redundancy benefit. The respondent filed an application under the Workmen's Compensation Act claiming compensation, contending that the disease was suffered during the course of his employment. The appellants resisted the claim, arguing that the disease was not on account of his work and did not arise out of and in the course of employment. The Commissioner, after considering evidence, including the respondent's deposition that he was made to work 12-15 hours a day as a Fitter, allowed the claim. The High Court, in appeal, examined whether the disease arose out of and in the course of employment. The court noted that the respondent's evidence of excessive working hours was not rebutted by the appellants. The court held that the disease was attributable to the nature of work and the long hours, thus satisfying the requirement of Section 3 of the Workmen's Compensation Act. The court dismissed the appeal, upholding the Commissioner's order.
Headnote
A) Workmen's Compensation - Injury Arising Out of Employment - Section 3 of Workmen's Compensation Act, 1923 - Heart Disease - The respondent, a fitter, claimed compensation for Ischaemic heart disease and myocardial infarction suffered while working on a vessel. The Commissioner awarded compensation. The employer appealed contending the disease was not work-related. The High Court held that the disease arose out of and in the course of employment as the workman was required to work 12-15 hours daily, which contributed to the disease. The appeal was dismissed. (Paras 1-6)
Issue of Consideration
Whether the heart disease (Ischaemic heart disease and myocardial infarction) suffered by the respondent-workman during his employment with the appellants is an injury arising out of and in the course of his employment under the Workmen's Compensation Act, 1923.
Final Decision
The High Court dismissed the appeal and upheld the order of the Commissioner for Workmen's Compensation awarding Rs.99,280/- compensation, Rs.5,000/- penalty, and interest at 6% per annum.
Law Points
- Workmen's Compensation Act
- 1923
- Section 3
- injury arising out of and in the course of employment
- occupational disease
- heart disease
- burden of proof
- causal connection
- excessive working hours
