SANTELINE FERNANDES Vs. MACKINNON MACKENZIE AND CO

JUDGEMENT

(1.) One Santoline Fernandes was employed by the opponents, Mackinnon Mackerzie & Co. (Private), Ltd., on their vessel m. v. "Pundua" on 4 May, 1960. In the course of his employment, he suffered, while removing certain articles in the store-room of the ship, injury to his eyes by chilly powder. He washed his eyes and to some extent he felt some relief. But in about four to five days' time, a film developed in the eyes. The chief officer had no medicine for the eyes. At Kobe in Japan, the master of the ship took him to a Japanese doctor. At Ure, he was taken to a hospital. From there when the ship reached Yokohama he was taken to a hospital and an operation was performed. The petitioner remained in the hospital for six days. He was then transferred to a cargo ship S. S. "Umaria" belonging to the respondents and brought to Bombay. He then gave notice of the accident because permanent defects developed in his eyes and then he made the application for award of compensation against the respondents, claiming a sum of Rs. 5,600.

(2.) During the pendency of the application, the employee died and his heirs, now the two petitioners, made an application to the Commissioner for being brought on record as legal representatives. This application was resisted by the respondents. The Commissioner held that there was no provision in the Act for bringing heirs and legal representatives on record of the case, that the dependents were entitled in their own right to seek remedy under the Act and that, therefore, the application of the petitioners to be brought on record was not tenable and the claim abated.

(3.) The first question is whether the claim of the workman has abated.