A DYING Cwmbran pensioner who was exposed to deadly asbestos dust at work will end his life without compensation after losing a five-figure High Court damages claim against his former bosses.

Lawyers for Jovica Petrovic, 84, claimed he contracted mesothelioma, an incurable cancer of the lungs, as a result of asbestos exposure while working in Cwmbran between 1963 and 1986.

But his former employers, Lucas Girling Ltd, whilst admitting he was exposed to asbestos at their factory, said there was not enough evidence to show that he has the cancer.

Yesterday at London's High Court Mr Justice Holroyde ruled that, whilst Mr Petrovic had been exposed to asbestos and was nearing the end of his life, he did not have the deadly lung cancer and was not due a payout.

Ivan Bowley, representing Mr Petrovic, of Llantarnam Road, Llantarnam, said during the hearing that the pensioner had worked for the brake manufacturers for more than 20 years.

The company breached its duty of care to Mr Petrovic in allowing him to be exposed to asbestos and judgment was entered in his favour last year, the court heard.

Mr Justice Holroyde however yesterday dashed his hopes of having his final months eased by a £66,400 damages payout.

"At an early stage the defendant admitted that it had exposed Mr Petrovic to asbestos dust. What I have to decide is whether, on the balance of probabilities, Mr Petrovic is suffering from mesothelioma," the judge said.

"If that is so, the parties have reached a settlement on quantum at £66,400. If not, then the parties are agreed that the breach of duty has caused him no compensable loss.

"He worked as a miner as a young man. He was also a smoker for many years," the judge said, adding that Mr Petrovic suffers from various conditions including heart problems, emphysema, lung fibrosis, and damage to his lungs from bouts of TB and pneumonic infection.

The judge praised the "most devoted care and assistance" provided to Mr Petrovic by his wife Joyce, and added sadly that, due to his cocktail of conditions, Mr Petrovic "cannot be expected to survive much longer."

However ultimately he decided that, when the pensioner's life ends, it will not be because of being exposed to asbestos.

He said that the evidence provided to support a diagnosis of mesothelioma was "simply insufficient".