JUDGMENT :

N.J. JAMADAR, J.

1. This appeal under section 30 of the Employees’ Compensation Act, 1923 (the Act, 1923) is directed against the judgment and award dated 1st March, 2019 passed by the learned Commissioner for Employees Compensation and Judge, 6th Labour Court, Mumbai in Application (ECA) No. 120/C-32/2016 whereby the application came to be partly allowed and compensation was awarded in accordance with the provisions of the Act, 1923 disallowing the claim for compensation in accordance with the TCC agreement.

2. The background facts leading to this appeal can be stated as under:

The appellant/applicant was employed as an Ordinary Seafarer with respondent/ opposite party No. 1 at ship MV DT PROVIDENCE. On 30th March, 2014, while on board, the applicant sustained blunt injury to spine. The applicant was taken to Walgreen Hospital in United States of America. After treatment, the applicant resumed duty on 7th April, 2014. As pain persisted, the applicant, was again taken to hospital in USA and was diagnosed with Lumbago. The applicant claimed that since he was involved in mooring operations on the ship, he had suffered the injury in the course of employment. The applicant was s