( 1 ) THIS appeal is under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the act' ). Notice was ordered for the respondent and she is represented.

( 2 ) BY taking consent of the learned advocates, the appeal is heard on its merits and the following order is passed.

( 3 ) AN important question that requires determination in this appeal is: "whether the maxim actio personalis moritur cum persona is applicable to claims arising under the Workmen's Compensation Act, 1923?"

( 4 ) FOR proper appreciation of this question the brief facts of the case presented is as follows: one doreswamy who claimed to be a workman in the estate owned by the appellant has filed an application under Section 3 of the Workmen's Compensation Act before the commissioner under the Workmen's Compensation Act, kodagu for the employment injury said to have been sustained on 21-2-1983 when he was employed by the appellant. When this application was pending the said doreswamy died a natural death. The respondent who is the wife of late doreswamy has continued proceedings on behalf of her husband which ultimately culminated in an award. The commissioner has awarded a sum of Rs. 6,720