ALI AKBAR Vs. JAVA BENGAL LINE

JUDGEMENT

(1.) This is an appeal from a decision of the Commissioner for Workmen's Compensation, Bengal dated 21 July 1936, whereby he dismissed a claim for compensation which had been made by one Ali Akbar against the Java Bengal Line. The applicant was claiming a sum of Rs. 756. We are not told that sum represented 40 per cent. of the sum which, having regard to the wages that the applicant was receiving, would be payable for total permanent disablement. The accident in respect of which the claim was made occurred on 3 March 1936, while the applicant was serving in the M.V. Tosari belonging to the respondent. It is said that the applicant received treatment in the ship for a few days and was also treated in some hospital. But as to that there was no evidence at all before the learned Commissioner. The application was dated 22 May, 1936 and along with it the applicant submitted a certificate given by Lieut. Col. Denham White, a medical practitioner who was until recently in the Indian Medical Service. That certificate is dated 20 May 1936.

(2.) The matter seems to have been first dealt with by the Commissioner on 13 June 1936. On that date he recorded this note on his order-sheet: "P.F. evidence sufficient. Issue summons at 40 per cent." That somewhat cryptic entry seems to mean this: The learned Commissioner was of opinion that the case put forward by the applicant was sufficient to establish prima facie a right to compensation and so a summons should be issued upon the employers requiring them to put in a written statement and make answer upon the footing that the claim was for an amount computed on the basis of 40 per cent. permanent disablement. As I have already stated, however, there is nothing in the application itself to indicate what was the actual basis of the claim. Therefore although a copy of the application was sent with the summons and particulars of the claim were stated to be contained therein, very little information was in fact given to the employers as to the precise nature and extent of the claim they were required to meet. However, on the 16 June 1936 the Java Bengal Line wrote a letter which was treated as the written statement called for by the summons. That letter was filed on the 22 June, 1936. The material part of it is as follows: We are prepared to pay him any compensation that you may fix provided he can produce a certificate from a competent Medical Officer appointed by you stating that his injuries are of a permanent nature, the cost of the necessary certificate being borne by us, should we eventually be called upon to pay compensation, otherwise the cost to be for his account.

(3.) It appears, therefore, that the employers adopted an entirely reasonable and proper attitude. They do not seem to have disputed the fact that there was an accident and they did not dispute their liability to pay such amount as might be awarded by the Commissioner after an independent medical examination had taken place. On receipt of that written statement the learned Commissioner on the 22 June, recorded the following order: Written statement filed by the Java Bengal Line praying for a medical assessor to sit with a Commissioner on the date of hearing. They have agreed to bear the cost of the medical assessor. Prayer granted. Enquire from Dr. McCay whether he will be able to sit as a medical assessor on the 21 Just 1936.