Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act 1995 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 – Rights of Persons with Disabilities Act, 2016 – Claim for disability compensation – Appellant-seaman joined a crew on a foreign going vessel on 18.09.2009 and he was discharged on 18.06.2010 with the declaration of being permanently unfit for sea service, due to dilated cardiomyopathy – Seaman claimed that he was entitled to 100% disability compensation under clause 21 of the National Maritime Board Agreement –The said claim for disability was rejected by the Shipping Corporation of India (SCI) as this was not a case of a seaman becoming incapacitated on account of an accidental injury suffered on the vessel – The High Court found that the appellant’s case does not fall in the category of clause 21 since there is no impediment in his performance of normal day to day affairs–In other words, the seafaring work may not be feasible but the person is capable of discharging duty of another job of general nature – Therefore, the SCI’s rejection order was upheld – On appeal, held: Under clause 5.9. F(ii), 100% compensation is payable to a seaman in a situation where a seaman is found medically unfit for sea service, as a result of injury, while in employment –In the instant case, the appellant never claimed to have suffered any injury during his ship duty – Moreover, the impaired heart function cannot reasonably be attributed to his nine-month engagement –The clause 21 applies to a case of total disability but this is not a case of 100% disablement – The dilated cardiomyopathy condition prevents a person from performing sea service but same will not be an impediment for him to perform other jobs –As far as appellant’s disability under both the disability Act 1995 or Act of 2016 is concerned, the dilated cardiomyopathy condition does not bring his case in either of the Act – The High Court held that only severance compensation under clause 21 is payable for the seaman and he will not get benefit of s.47 of the Disability Act 1995 – There is no reason to reach another conclusion. |
Judge | Hon'ble Mr. Justice Hrishikesh Roy |
Neutral Citation | 2021 INSC 73 |
Petitioner | Nawal Kishore Sharma |
Respondent | Union Of India And Ors. |
SCR | [2021] 1 S.C.R. 819 |
Judgement Date | 2021-02-10 |
Case Number | 150 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |