indian law applicable
N.J. MISHRA
(Querist) 27 December 2010
This query is : Resolved
members please suggest me,
our is a ship managment company, appointed a seafarer for hongkong flag ship, that shipfarer suffered from renel disease, his both kidneys are not working, presently he is under treatment at jaslok hospital. at the time of his appointment he signed honkong CBC,it's a kind of contract governed under honkong law related to the compensation in any injury or accident happens during the tenure of accident, now the period of claim according to that contract expired. the seafarer is an indian citizen. can indian law apply to him for compensation. an employment contract was also executed between the company and the seafarer at Mumbai office. in that contract there is one clause, can that clause will be appicable.
if the ship is not covered by an agreement with a seamen's union ot ITF then the following provision shall apply
"if you suffer injury during the contract period that is not a result of your own negligence or misbehaviour or undeclared pre-existing medical condition and your ability to work is reduced or impaired then you shall be entitled to disability compensation. the maximum amount of compensation for 100% disability shall be $80,000/-. your entitlement to disability compensation aforesaid shall be determined by and depend on the report and assessments of the doctors appointed by us and in accordance with the scale and types of disability specified in the workmen's compensation act of india. further more you shall be entitled to the maximum compensation rate if either (1) you are assessed having 50% or more disability under the scales of the workmen's compensation act and certified by a doctro nominated by us to be permanently unfit for sea-service, or (2) you are assessed at less than 50% disability under the scales of the workmen's compensation Act but certified as being permanently unfit by a doctor nominated by us".
Ajay Bansal
(Expert) 27 December 2010
HE IS ENTITLED TO GET REMIDY IN INDIAN COURT.
N.J. MISHRA
(Querist) 27 December 2010
as per HOnkong CBC the seaman has to make the claim within 84 days from the date of his sign-off from the ship, now that period is expired and as per the our company's contract, the company pay the compensation when the seaman is not covered with any other agreement. here in this case the seaman is covered under Honkong CBC that expired, still our company is entitle to pay the compesation, kindly explain in brief.
Ahmed Daud Girach
(Expert) 28 December 2010
Sec 15 of workman compensation act may be seen for injury arising out of and in the course of employment in respect of seamen.Company is responsible. Indian law apply as per sec. 15.
N.J. MISHRA
(Querist) 29 December 2010
is it necessary that the injury should be occupational injury. if the injury is not related to employment then also sec. 15 W.C. Act apply
SURESHKUMAR.S
(Expert) 08 February 2011
Irrespective of the Hongkong based agreement, the Indian seaman is entitled to get compensation u/ Workmen's Compensation Act,1923 as per section 15. WC Act is a central legislation under which seaman is entitled compensation subject to the production of evidence.
If he is a member u/ ITF , as per the standard agreement, the seaman is entitled to get compensation as per the international standard.
