Smti. Vellaiammal v. The Andaman And Nicobar Administration And 03 ORS.

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side [ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/104/2021 Smt Vellaiammal ... Petitioner Vs.

The Andaman and Nicobar Administration and others ... Respondents Mr. R.Arul Peter ... for the petitioner Mr. Shatadru Chakraborty Mr. Ramendu Agarwal ... for the respondents Ms. Tasneem ... for the respondent December 22, 2022 [SR] Item No.2 The petitioner claims that her husband- Suppan Mookan was an Oilman declared fit to serve on the vessel MV Sentinel sometime in October, 2016. He was deboarded at Cochin in July, 2017, for treatment at a Hospital in Cochin. He thereafter died on land.

The petitioner has claimed compensation on account of the death of her husband under the NMB agreement against the Shipping Corporation of India (SCI) and Directorate of Shipping Services (DSS), A & N Administration, Port Blair.

Counsel for the DSS relied upon a decision of the Bombay High Court in Denklay Marine Services Ltd, Mumbai and another vs. Benedicta A. Fernandes reported in 2012(4) MLJ 856 Analyzing the law on the subject, the learned Single Judge of the Bombay High Court has permitted the petitioner to approach the Commissioner under the Workmen's

Compensation Act, now known as Employees Compensation Act, 1923 where the claim of the petitioner may be decided by a trial and evidence and in terms of the statute in question. This Court approves the views of the learned Single Judge of the Bombay High Court. The petitioner shall be at liberty to approach the Commissioner under the aforesaid statute for an adjudication of her claim in accordance with the rules provided thereunder. Upon receipt of the petitioner's claim, the Commissioner under the Employee's Compensation Act, shall mandatorily and positively dispose of the same within a period of three months thereof.

It is made absolutely clear that the petitioner's claim shall not be restricted to the amounts under Schedule to the Employees' Compensation Act. All claims maintainable in terms of the NMB Agreement may be raised before the Commissioner and shall be decided appropriately by the Commissioner, in accordance with law.

WPA/104/2021 stands disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. )