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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
SC 2011/29138
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 injuries arising out of and in the course of employment. The Court found that the lower courts misapplied the law by concluding that the discovery of the employee's ischemic heart condition during service warranted compensation, despite it being unrelated to his employment. The Court overturned the concurrent findings of the lower courts, emphasizing the need to distinguish between the discovery of a health condition and its causation by employment, ultimately ruling in favor of the appellant, Dredging Corporation of India Ltd.

DREDGING CORP.OF INDIA LTD. vs P.K.BHATTACHERJEE · Niyam