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1969 Supreme(SC) 574

J.C.SHAH, V.RAMASWAMI, A.N.GROVER
Messrs Mackinnon Mackenzie and Co. Pvt. Ltd. – Appellant
Versus
Ritta Farnandes – Respondent


JUDGMENT :

Ramaswami, J.

This appeal is brought from the judgement of the Bombay High Court dated March 2, 1966 dismissing the appeal brought by the appellant against the order of the Commissioner of Workmen's Compensation awarding a sum of Rs. 4,500/- to the respondent.

2. The respondent is the widow of one Baptista Mascrenbas (hereinafter referred to as the deceased). The deceased was employed on board the s.s. "Iberia" a ship, belonging to the P. & O. Steam Navigation Co. Limited, of which the appellants are the agents. On December 2, 1961 at about 4 p.m. the deceased was admitted to the ship's hospital suffering from "hapatomagaly" and "basal pulmonary congestion". The deceased died on December 10, 1961 at about 6.20 p.m. and the cause of death according to post mortem examination was found to be cardiac failure with pulmonary collapse and abscess of the liver. On December 4, 1962 the respondent filed an application before the Commissioner for Workmen's Compensation Bombay claiming a sum of Rs. 4,500/- as compensation and contending that the deceased was working as a general servant and had to perform his duties standing up, that this caused an undue strain on his heart and that t

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