T AND J BROCKLEBANK LTD Vs. NOOR AHMODE

JUDGEMENT

(1.) 1. This is an appeal from the amended decree of the High Court of Judicature at Fort William in Bengali (exercising its appellate civil jurisdiction), dated January 25, 1938, allowing an appeal and cross-appeal from, a judgment and decree of the Subordinate Judge of the Fourth Court, 24 Parganas at Alipore, in Money Suit No.96 of 1934 dated July 31, 1935.

(2.) THE question for determination is whether or no the respondent is entitled to recover damages from the appellants in respect of an illness from which he suffered while, and since, serving as a lascar on board the appellants' steamship Markhor on a voyage from Calcutta to ports on the east coast of North America and the United Kingdom in and about trie months of September and October, 1933.

(3.) THE other ground of complaint was that there had been a failure on the part of the Master and Chief Steward to exercise proper care in regard to the illness from which the respondent suffered during the voyage. THE voyage on which the respondent was engaged was from Calcutta to Atlantic ports in North America. THE respondent fell ill near Gibraltar, on or about September 18, 1933, with a bad cold. He did not do any further work on the vessel till he was discharged on November 3, 1933, at Avonmouth, where the doctor diagnosed the illness from which he was suffering to be phthisis, and advised his removal to hospital. This was done. He was eventually after treatment sent back to India as a distressed seaman, where he was finally discharged. THE medical officer at Avonmouth gave a certificate that the respondent was suffering from advanced phthisis. It is not disputed that the respondent's health has since been very bad. After the respondent fell ill, the ship reached ports in America and England as follow: November 3 .. .. Avonmouth. October 30 .. .. Southampton.October 29 .. .. London. October 16 .. .. Boston. October 14 .. .. New York. October 11 .. .. Newport News.October 10 .. .. Norfolk, Va.October 7 .. .. Baltimore. October 5 .. .. Philadelphia.October 2 .. .. New York. September 28 .. .. Boston.