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september 2013

Supreme Court of India · 2013-09-17

Dredging Corp.Of India Ltd vs P.K.Bhattacherjee

Citation / case number
AIRONLINE 2013 SC 200
Court
Supreme Court of India
Petitioner
Dredging Corp.Of India Ltd
Respondent
P.K.Bhattacherjee
Author
Vikramajit Sen
Bench
Vikramajit Sen, T.S. Thakur

Judgment text excerpt

The Supreme Court held that under Section 3 of the Employee’s Compensation Act, 1923, compensation is only payable for personal injuries arising out of and in the course of employment. The Court found that the concurrent findings of the lower courts misapplied the law by equating the discovery of an ischemic heart condition during service with an injury caused by employment. The Court set aside the orders of the lower courts and remanded the case for further consideration, emphasizing the need to distinguish between the discovery of a health condition and its causation by employment.

Dredging Corp.Of India Ltd vs P.K.Bhattacherjee · Niyam