PATEL, J. :- One Santoline Fernandes was employed by the Opponents M/s. Mackinnon Mackenzie and Co. Private Ltd., on their vessel ' m. v. Pandua' on May 4, 1960. In the course of his employment, he suffered, while removing certain articles in the store-room of the ship, injury to his eyes by chilly powder He washed his eyes and to some extent h felt some relief But in about 4 to 5 days' time, a film developed in the eyes. The Chief Officer had no medicine for the eves At Kobe in Japan, the master of the ship took him to a Japanese doctor. At Ure he was taken to a hospital. From there when, the ship reached Yokohoma he was taken to a hospital and an operation was performed The petitioner remained in the hospital for six days. He was then transferred to a cargo ship 's. s. Umaria' belonging to the respondents and brought to Bombay. He then gave notice of the accident because permanent defects developed in his eyes and then he made the application for award of compensation against the respondents, claiming a sum of Rs. 5,600.

2. During the pendency of the application, the employee died and his heirs, now the two petitioners, made an application to the Commissioner for being br