JOHRA BIBI Vs. BISNCO LTD

JUDGEMENT

(1.) This is an appeal which purports to be under the provisions of Section 30, Workmen's Compensation Act (8 [VIII] of 1923). The material facts are as follows. One Nur Mohammad, a seaman on board S.S. "Lancashire," met his death on 6 February 1945, while the ship was at Liverpool. On 19 February 1946, his widow Zohora Bibi applied to the Commissioner of Workmen's Compensation, Bengal, for compensation in respect of this death praying that she was entitled to a lump sum payment of Rs. 3500, and requesting that an award of this amount be made. Her applicetion was resisted by Messrs. Mackinnon Mackenzie & Co., Managing Agents of Messrs. B.I.S.N. Co. Ltd., who contended that the death was not the result of any accident but was due to natural causes.

(2.) The only witness examined in the case was one Fatey Hossain who deposed as follows: Nur Mohammad died on Tuesday, 6 February 1945, at Liverpool on board S.S. "Lancashire." I was mate Khansama. Nur Mohammad was carrying a bag of potato from godown to the deck weighing 1 to 2 maunds. He stumbled and fell on the deck. He expired at once. I saw the whole occurrence.

(3.) On this evidence, the learned Commissioner for Workmen's Compensation, Bengal, held that the accident through fall could not have been the cause of death, and that death must have been due to some disease, and he dismissed the application. Against the order of dismissal, this appeal has been brought.