Mumbai, April 27: Observing that professionals in the maritime industry typically earn significantly higher wages due to the nature of offshore work, the Bombay High Court has enhanced compensation to the family of a deceased maritime engineer, noting that the tribunal had grossly underestimated his income.
Compensation enhanced by High Court
Justice Jitendra Jain, on April 24, increased the compensation from Rs 10 lakh awarded by the Motor Accident Claims Tribunal (MACT) to Rs 1.31 crore, granting an enhanced sum of Rs 1.21 crore with 7.5% annual interest.
Court notes offshore jobs command premium
“Persons working on vessels… earn much more than those doing similar work on land,” the court noted, adding that such professionals command a premium given the demands of working offshore for extended periods.
Engineer died in 2009 road accident
The case relates to Rajesh Deshmukh, a 41-year-old maritime engineer with over 20 years of experience, who died in June 2009 after the jeep he was travelling in collided with a stationary truck while on his way from Bhuvaneshwar to Paradeep Port.
Tribunal found to have undervalued income
The court found that the tribunal erred in fixing his notional income at Rs 8,000 per month despite substantial evidence of his qualifications, experience, and prior earnings.
Employer testimony cited
Testimony from his employer, Samson Maritime Ltd, indicated an offer of Rs 1.59 lakh per month, while previous employer Herald Maritime Services confirmed that Deshmukh had earned Rs 2.5 lakh for 40 days of work earlier that year. Even accounting for the contractual nature of his employment, the court held that such evidence could not be ignored.
Monthly income fixed at Rs 1.25 lakh
“Looked from any angle… just and fair income… can be taken at Rs 1,25,000 per month,” Justice Jain said, fixing a reasonable estimate after balancing both sides.
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Insurer directed to deposit amount
After applying deductions and future prospects, the court recalculated the compensation and directed the insurer to deposit the enhanced amount within 12 weeks.
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