Banerjea, J. - (1.) The present appeal has been preferred by the appellant Shipping Corporation of India Ltd. against the judgment and award dated 26.3.2001 in Claim Case No. 120 of 1992 passed by the learned Commissioner, Workmen's Compensation, West Bengal, awarding the sum of Rs. 3,22,916 as compensation. The workman died of an accident in the course of employment.
(2.) Admittedly, the workman who was a seaman and who was on duty in the vessel M.V. 'Hargobind' on 25.3.1990 died. Later it was opined that he died because of myocardial infarction. The claimant in the application for compensation claimed a sum of Rs. 3,22,916 as per the National Maritime Board Agreement dated 1.4.1990. It was specifically pleaded in para 3 of the said application that the monthly wages of the deceased was Rs. 6,180 at the time of his death and his age was 30 years. In para 3 of the written statement while dealing with para 3 of the application such rate of monthly wages of the deceased was admitted although the age was denied.
(3.) Although, the appellant before the Workmen's Compensation Commissioner clearly admitted that the said seaman died in course of his employment while employed in the said ship, denied that such death was caused because of any accident or there was any employment injury and claimed that such death was due to the natural cause as it was found that the seaman died because of myocardial infarction.;