- (1.) This is an appeal under the Workmen's Compensation Act. The appellant is the employer Messrs. Mackinnon Mackenzie and Co. Ltd., a well-known shipping company in Calcutta. The claim for compensation was made by Miss Velma Williams who is an unmarried sister and dependant of the deceased James Williams.
(2.) The facts of the case He within a short, compass. James Williams was employed by Messrs. Mackinnon Mackenzie and Co. Ltd. as a seaman. It is alleged that he received personal injury by accident on the nth February 1957 arising out of and in the course of his employment resulting in his death on the nth February 1957. He was employed on board S. S. Staffordshire on the 18th September 1956. While the vessel was proceeding from Liverpool to Colombo he was lost overboard The claimant who was the unmarried sister dependant on him claimed compensation before the Commissioner under the Workmen's Compensation Act. In fact, this seaman James Williams lived with his uncle and aunt, his uncle's name being one Mr. Gomes of 18/1, Bowbazar Street, Calcutta along with this claimant, his unmarried sister. The employer objected to the compensation on the ground that the workman had no cause of action, that he did not die out of any accident arising out of and in course of his employment and his death was due to deliberate act of suicide. The Commissioner for the Workmen's Compensation passed judgment and order awarding to the claimant the sum of Rs. 3,500/- after holding that the seaman died by accident arising out of and in course of his employment. The only other fact that remains to be stated is that the dead body of the seaman was not found having been drowned in the sea.
(3.) To this appeal a preliminary objection was taken on behalf of the claimant that no appeal lay on the ground that there was an agreement between the parties to treat the decision of the Commissioner for the Workmen's Compensation as final and binding. This point depends on the construction of the clause for agreement contained in the 'Agreement for Seamen' signed between the seaman and the employer under Section 27 of the Indian Merchant Shipping Act, 1923. The relevant clause of the agreement on which this objection is made reads as follows ; "It is further agreed that, in the event of any of the said crew whose name is hereto subscribed sustaining any personal injury (including injury resulting in death) by accident arising out of and in the course of his employment, when the ship is not in India, the owner of the ship shall pay such amount of compensation as he would have been liable to pay under the Workmen's Compensation Act, 1923, being Act No. VIII of 1923 of the Indian Legislature, as amended from time to time, if the accident had occurred within India and it is further agreed that in the event of any question arising under these stipulations as to the liability of the owner to pay compensation, or as to the amount or duration of compensation (including any question as to the nature or extent of disablement), the question shall in default of agreement be settled by a Commissioner for Workmen's Compensation duly appointed under Section 20 of the said Workmen's Compensation Act. 1923. And it is further agreed that the decision of the said Commissioner shall be final.";