For a seafarer, claiming disability compensation can be a hard task. Its down to the terms in the employment contract and the judicial process can be lengthy. In the case of N.Sharma vs. SCI [2021] it took 24 yrs before the Supreme Ct of India gave its decision. The question was whether 100% disability compensation can be claimed for a heart ailment diagnosed while on sea service duty.
The seafarer, who was medically fit for sea service before signing on, had to sign off after being declared unfit permanently due to a cardiovascular disease. He claimed for disability compensation equaling roughly $20k. Owners argued that the claim failed because (a) a short stint of 9m onboard cannot be the basis for an impaired heart function; (b) disability compensation as per contract was restricted only to cases of incapacitation resulting from ‘injury’ during voyage; & (c) it was due to excessive liquor consumption.
The Supreme Court looked at the terms of the SEA and decided that it would not interpret the word “injury” broadly. There was no causal connection between his medical condition and service onboard, plus he was fit for another job of general nature. It also looked at India's Disability Act 2016 & noted that a heart condition was not classified as disability there.
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