Judgment

RAMASWAMI, J.: This appeal is brought by special leave from the judgment of the Bombay High Court, D/-5-3-1965 in Appeal No. 415 of 1963*

* Reported in (1965) 1 Lab LJ 554 (Bom).

2. Shaikh Hassan Ibrahim (hereinafter referred to as the missing seaman ) employed as a deck-hand, a seaman of category II on the ship s. s. "Dwarka" which is owned by the British India Steam Navigation Company Limited of which the appellant is the Agent. The Medical Log Book of the ship shows that on December 13, 1961 the missing seaman complained of pain in the chest and was, therefore, examined. But nothing abnormal was detected clinically. The Medical Officer on board the ship prescribed some tablets for the missing seaman and he reported fit for work on the next day. On December 15 ,1961, however, he complained of insomnia and pain in the chest for which the Medical Officer prescribed sedative tablets. The official Log Book of the ship shows that on December 16, 1961. When the ship was in the Persian Gulf the missing seaman was seen near the bridge of the ship at about 2-30 a.m. He was sent back but at 3 a.m. he was seen on the Tween Deck when he told a seaman on duty that he was going to bed.