Case: Dredging Corp.Of India Ltd Vs. P.K.Bhattacherjee

The Commissioner, Workmen?s Compensation (1st Court), West Bengal held on 24.6.2010 that the Applicant/Respondent had met with an accident on 27.12.1999 while in the employment of the Appellant and that considering his age, wages and injury he was entitled to compensation computed at Rs.12,00,000/(Rupees Twelve Lac) which is the maximum awardable, together with simple interest at the rate of twelve per cent per annum till the date of realization. The Appellant thereafter approached the High Court of Calcutta but without success as the Division Bench, by its judgment dated 12.8.2011, has dismissed the Appeal. It held that the Respondent, at the concerned time, was on duty on Board on one of the Appellant?s vessels and that ?this would mean that he was on duty, any affliction or injury during such time would come within the ambit of Section 3 of the Employee?s Compensation Act, 1923 (the erstwhile Workmen?s Compensation Act, 1923, till its amendment by Act 45 of 2009).? It is evident that thehas succeeded concurrently both on facts as well as on law.

Reasoning:
3. For these reasons, it appears to us to be expedient and just to set aside the impugned order as well as the order of the Commissioner and remand the matter back to the Court of the Commissioner for fresh adjudication de novo. It would then be advisable that a specific issue be struck as to whether the employee?s ischemic heart condition developed as a consequence of any stress or strain of his employment with theThere can be no gainsaying that the Employee?s Compensation Act, 1923 is a beneficial legislation requiring some play at the joints so far as considering a disabled employee?s claim is concerned. In these circumstances, parties shall appear before the Commissioner, Workmen?s Compensation (1st Court) West Bengal or its successor Court, as the case may be, on 11.11.2013.