JUDGMENT :

Hrishikesh Roy, J.

1. The appellant challenges the judgment dated 26.03.2019 in the Civil Writ Jurisdiction Case No.3160/2012, whereunder, the High Court of Judicature at Patna had rejected the seaman’s Claim for disability compensation[under clause 21 of the National Maritime Board Agreement (hereinafter referred to as “the Agreement”)] and thereby endorsed the order dated 07.10.2011 (Annexure P21) of the Shipping Corporation of India (hereinafter referred to as the ‘SCI’ for short).According to the SCI, the appellant’s was not a case of accidental injury during duty on the vessel and therefore, only severance compensation is payable to the appellant. This is because the Seaman is capable of performing other kinds of job and his day-to-day normal work is not affected.

2. The appellant was earlier registered in the SCI’s offshore fleet service but at the relevant time he was released at his own request with effect from 19.08.1996 and transferred to the SCI’s foreign going seaman’s roster, with fresh registration. Those in seaman’s roster category, are engaged on contract, specific for the sea going vessel. The appellant joined as a crew on the foreign going vessel on 18.09.