MARIAMBAI Vs. MACKINNON MACKENIZIE AND CO PVT LTD

JUDGEMENT

(1.) This appeal arises out of an application for compensation made by the widow of the deceased under the Workmen's Compensation Act. The widow had claimed an amount of Rs. 4,000 as compensation on the basis that the salary of her deceased husband was within the range of Rs. 200 to 300. The facts on which there is no longer any dispute lie within a narrow compass and may be set out as follows : The deceased, Adam Fakir, was recruited as a Deck Bhandari on 19th July 1962 at Bombay to serve on the ship S. S. Baluchistan by the opposite Party - Respondents. Adam Fakir along with other crew, which is called as Asian Crew, was taken in a streamer called 'Daressa', which reached Khorramshahr port on 29th July 1962. The Asian crew commenced boarding the ship S. S. Baluchistan at about 3-30 p.m. at Abadan. At 5.35 p.m. the Chief Officer was informed that Adam Fakir the Deck Bhandari, had collapsed in the after accommodation. Adam Fakir was then removed to amidship accommodation. Ambulance was called as Adam Fakir appeared to be in deep coma. It was ascertained that the collapsed man's pulse was extremely high and weak and that his temperature was 104o. Orders were given by the Master that the patient be treated for that heat exhaustion as prescribed by the Ship Captains Medical Guide. At 5-45 p.m. the ambulance arrived and Adam Fakir was removed to Abadan Hospital. Shortly after his arrival he breathed his last, and information was conveyed to the Chief Officer accordingly. The doctor issued a certificate to the effect that Adam Kakir died but to heat exhaustion on 29th July 1962. The widow, who was unaware of the circumstances in which her husband had met with the death, only alleged that her husband on 29th July 1962 on the ship du to personal injury by accident arising out of and in the course of his employment with the opposite parte. The facts above the illness to which ultimately Adam Fakir succumbed are extracted from the official Log Book, which was produced on behalf of the Opposite Party.

(2.) The opposite party contended that heat exhaustion is a natural causes and is not due to any injury arising out of employment. They relied upon the facts as stated in the Log Book.

(3.) Appropriate issues were framed and the Commissioner for Workmen's Compensation held that heat exhaustion which led ultimately to the death of Adam Fakir was an injury by accident which occurred in the course of employment. At the same time, he held that it did not arise out of employment. Consequently, he dismissed the application. That is why the applicant has now come up in appeal.