JUDGMENT - Nathwani, J.

1. This is a Letters Patent Appeal by original applicants against the order of Mr. Justice Chitale dated 28th February, 1966, setting aside the order of the Commissioner awarding Rs. 4,000 as compensation under the Workmens Compensation Act, 1923 hereinafter referred to as "the Act".

2. The facts of the case are as follows:--The original applicant No. 1 is the widow of one Oosman Baba, who was employed as a seacunny on a ship named S. S. "Caltex London" belonging to M/s. British Industries Navigation Company Ltd. of which the original opponents are the Agents. On December 15, 1960, Oosman Baba signed the articles and boarded the said ship "Caltex London". While working on the said ship as a seacunny Oosman Baba fell ill on January 20, 1961, when the said ship was at Bahrain and was immediately taken to Awali Hospital, Bahrin. On admission he complained of chest pain for the previous week with cough and expectoration. He was treated for his illness in the hospital. On or about 31st January, 1961, he showed signs of tuberculous bronchopenumonis with suggestion of pericardial effusion. Subsequently his condition slowly deteriorated and, ultimately, on 28th Februa

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