JUDGMENT - Chagla, C.J.

1. This is an appeal from a decision of the Commissioner (or Workmens Compensation, Bombay, by which he dismissed the application of Shrimati Laxmibai, the widow of one Atmaram Ramchandra Karangutkar, for compensation under the Workmens Compensation Act. The learned Commissioner held that the deceased Atmaram was not a workman within the meaning of the Act, and he also held that the deceased did not die of an injury by an accident arising out of and in the course of the employment of the deceased Atmaram.

2. The facts really are not in dispute. The deceased was a watchman employed by the Post Trust at its pumping station at Carnac Bunder, Bombay, and as usual he was on night duty on the night of August 20. 1951, and the hours of his duty were 7 p.m. to 7 a.m. At 1 a.m. on August 21 the deceased complained of pain in his chest and was asked to lie down. His condition deteriorated and at about 6 a.m, he died. The medical evidence showed that the deceased was suffering from heart disease and that the death was brought about by the strain caused by the deceased being on his legs for a certain period of time; and the two questions that we have to consider in this

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