Heart ailment not covered under Disability Act, says Supreme Court

Former seaman Sharma contended that his heart ailment should be understood as a disability under the Disability Act

The Supreme Court on Wednesday said that a heart ailment is not covered within the definition of disability, which can allow one to claim compensation for it.

The top court dismissed an appeal against a Patna High Court judgment which upheld the order of Shipping Corporation of India rejecting a seaman's claim for disability compensation.

Nawal Kishore Sharma, a former seaman claimed disability compensation on account of being retired permanently after he developed a heart ailment.

A bench of Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy said it would hesitate to import words, which the legislature chose not to, in the definition of disability.

Sharma contended that his heart ailment should be understood as a disability under the Disability Act and consequential benefits be accorded to him.

The court said in the present case that no material was produced to correlate the appellant’s impaired heart function with the nine-month engagement in the ship. The bench said that in the absence of any connecting link between the job and the medical condition, there can't be disability compensation.

The apex court also noted that no linkage between the on-ship duty and the appellant’s medical condition could be established.

The 1995 Act was replaced by the Rights of Persons with Disabilities Act, 2016, “a person with disabilities” was defined under Section 2(s) as a person with long term physical, mental, intellectual, or sensory impairment which prevent his full and effective participation in society. Section 2 (zc) defines “specified disability” as those mentioned in the Schedule to the 2016 Act.