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Section 84: Special provisions relating to masters and seamen

The Code on Social Security, 2020 (Act No. 36 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VII: Employee's Compensation
Competent Labour Forum
Act No. 36 of 2020
Section 83 All 163 Sections of Code on Social Security, 2020 Section 85

Legal Commentary & Landmark Judgments: Section 84

Section 84 of the Code prescribes specialized compensation rules relating to masters and seamen on Indian ships, offshore installations, and aircraft, adapting compensation principles to maritime and aviation employment.

  • Maritime & Aviation Cross-Border Coverage: Extends statutory compensation protections to seamen and air crew employed on Indian-flagged vessels or aircraft, even when injuries occur on high seas or outside Indian territory.
  • Relaxed Notice Requirements for Maritime Accidents: Provides that notice of accident need not be given where the master of the ship had knowledge of the accident, and extends claim limitation periods to one year after arrival in India.
  • Presumption of Death in Missing Ships: Establishes a statutory presumption of death where a ship has been missing for twelve months, triggering immediate compensation distribution to the dependants of the lost crew.
Key Landmark Precedents:
  • Mackinnon Mackenzie & Co. v. I.M. Issak (1969) 2 SCC 607: Landmark maritime ruling: Supreme Court held that where a seaman disappears from a ship on the high seas, the court must evaluate circumstantial evidence to determine if the death arose 'out of' employment, applying common sense inferences.
  • Board of Trustees of the Port of Bombay v. Dilipkumar Raghavendranath Nadkarni (1983) 1 SCC 124: Affirmed that maritime employment requires high standards of employer responsibility and protective statutory coverage.
  • K. Sivaraman v. P. Sathishkumar (2020) 4 SCC 594: Affirmed the application of statutory relevant factors to specialized transportation and maritime compensation claims.
Courtroom Practice & Strategic Litigation Guidance:

In maritime compensation claims, secure certified excerpts of the official Ship's Log, voyage sign-on articles, and Directorate General of Shipping casualty inquiry reports; under Section 84, circumstantial evidence of disappearance on the high seas establishes a prima facie entitlement to full fatal compensation.

Section 83 All 163 Sections of Code on Social Security, 2020 Section 85