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Supreme Court of India 2021-02-10 dismissed

NAWAL KISHORE SHARMA vs UNION OF INDIA AND ORS

Bench: 3 — Sanjay Kishan Kaul, Dinesh Maheshwari, Hrishikesh Roy

In Brief

A seaman with Dilated Cardiomyopathy was declared permanently medically unfit for sea service after nine months of employment but sought 100% disability compensation under the National Maritime Board Agreement. The Supreme Court upheld the High Court's dismissal of the claim. The Court held that disability compensation requires an accidental injury suffered during employment; a medical condition unrelated to the job, even if discovered during service, does not qualify. The condition also does not constitute a 'disability' under disability legislation. Severance compensation, not disability compensation, was the appropriate remedy. The appeal was dismissed.",

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