1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 2228 OF 2008 Premji Sakar Baria. Since deceased through his legal heirs Smt. Laxmi Premji Baria & ors........Appellant versus Shipping Corporation of India & anr........ Respondents. Mr. N. M. Ganguli adv. for the Appellant None for the respondents CORAM: A. P. DESHPANDE, J. DATED : 5th JANUARY, 2009. P.C.: 1. Rejection of an appliation moved by the appellant before the Commissioner for Workmen Compensation claiming compensation on account of his incapacity to perform the duties, as he was found to have four blockages in the artery supplying blood to the heart, has given rise to the filing of this appeal. The appellant was working as a seaman and as he complained of a chest pain, he was examined by the medical practitioner and referred for a thorough check up. It was then detected that he was having blockages in the artery. Thereafter he was declared unfit for the job. Hence compensation claim was made by the 2 appellant. The trial Court has held that there is no nexus established in between the disease viz. blockages and the nature of work performed. Hence it concluded that the ailment cannot be said to be caused on account of the nature of duties assigned to the appellant. As the ailment was not found to be arising out of and in the course of employment, the application came to be dismissed. 2. Perused the judgment. The view taken by the trial court cannot be faulted. As a matter of fact, the appellant has been serving as a seaman from 1978 to 1995 and the four blockages in the artery cannot be attributed to the nature of the duties, is a finding of fact recorded by the court below. There is no illegality found in the impugned order. Hence there being no merit in the appeal, the same is dismissed. (A. P. DESHPANDE, J.)