RAJIYABI COSMAN SAYI Vs. MACKINON MACHINAZIE

JUDGEMENT

(1.) THIS is a Letters Patent Appeal by original applicants against the order of Mr. Justice Chitale dated 28th February, 1966, setting aside the order of the Commissioner awarding Rs. 4,000 as compensation under the Workmen's Compensation Act, 1923 hereinafter referred to as "the Act".

(2.) THE facts of the case are as follows:--The original applicant No. 1 is the widow of one Oosman Baba, who was employed as a seacunny on a ship named S. S. "caltex London" belonging to M/s. British Industries Navigation Company Ltd. of which the original opponents are the Agents. On December 15, 1960, Oosman Baba signed the articles and boarded the said ship "caltex London". While working on the said ship as a seacunny Oosman Baba fell ill on January 20, 1961, when the said ship was at Bahrain and was immediately taken to Awali Hospital, Bahrin. On admission he complained of chest pain for the previous week with cough and expectoration. He was treated for his illness in the hospital. On or about 31st January, 1961, he showed signs of tuberculous bronchopenumonis with suggestion of pericardial effusion. Subsequently his condition slowly deteriorated and, ultimately, on 28th February, 1961 he died in the said hospital. The deceased left him surviving as his heirs his widow and a minor son being respectively the original first and second applicants.

(3.) ON May 24, 1961, the applicants filed application No. 336/b-42 of 1961 in the Court of the 2nd Additional Commissioner at Bombay claiming Rs. 4,500 as compensation in respect of the injury caused to the deceased by accident arising out of and in the course of his said employment on S. S. Caltex London.