- (1.) THIS first appeal is at the instance of a claimant in the proceedings under the Workmen's Compensation Act and is directed against an award dated 5th may, 2000 passed by the learned Commissioner, Workmen's Compensation, second Court, West Bengal, in Claim Case No. 728 of 1994, thereby rejecting the application filed by the appellant.
(2.) THE case made out by the appellant in the application claiming compensation may be summed up thus: (a) One Moni Mohan Biswas, since deceased, the husband of the appellant, was a Donkey/greaser, CDC No. 20031, a workman, employed by the respondent, received personal injury by an accident on 18th day of April, 1991, arising out of and in course of his employment, resulting in his death on 23rd day of August, 1992. (b) The cause of the injury was that while the deceased was working under the respondent in the vessel, named. Ex-MV "vishva Pankaj", due to the strenuous nature of the duty, he suddenly became sick and fell down on the ship at Bombay Port, causing serious injury in his chest. After the said accident, he was hospitalised at St. George Hospital, Bombay and thereafter, was transferred to May Flower Nursing Home, Calcutta, for further treatment, and ultimately, was declared permanently unfit for sea-service by the respondent on 3rd September, 1991. Lastly, he expired on 23rd August, 1992 due to the said accident. (c) The monthly wages of the deceased varied between Rs. 4,600/- and rs. 4,700/ -. The applicant, accordingly, was entitled to receive a lump sum payment of Rs. 2,94,367/- (Death Compensation as per N. M. B. Agreement, 1992 ). The application was contested by the respondent by filing written statement and the defence taken by the respondent may be summarised thus: (i)The respondent was not an employee in the Shipping Corporation of india. He only served for a particular period under the article of agreement and at the time of his death, he had no connection whatsoever with the Shipping Corporation of India Limited. (ii)The application was barred by limitation and the ground taken for condonation of delay was not true. (iii)It appeared from the record that on April 18, 1991, the deceased suffered from myocardial infarction and he was properly treated at bombay and thereafter, at Calcutta. Subsequently, on 3rd September, 1991, he was declared unfit for sea-service. Thereafter, on 23rd August, 1992, when he was not under the employment of the Shipping corporation of India, he died due to cardio respiratory trouble, which in no way, can be attributed to any injury during his employment.
(3.) AT the time of hearing, the appellant gave evidence in support of her claim, while one Gunendra Nath Ghosh, an Assistant Manager attached to the shipping Corporation of India, deposed in opposing the claim of the appellant.;