The death of a workman is compensable under the Workmens Compensation Act if it arises out of and in the course of his employment, even if the death is caused by a pre-existing disease or condition, provided that the employment is a contributory cause, accelerates the death, or aggravates the condition of the workman.

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 appeal are whether the learned Commissioner was right in coming to the conclusion that the deceased was not a workman, and also whether he was right in holding that he did not die of injury by en accident arising out of and in the course of his employment.

3. There is not much difficulty about the first point A "workman" is defined in Section 2(n) of the Act, and Clause (ii) of that section defines "workman", to the extent that it is material, as a person employed on monthly wages not exceeding Rs. 400. in any such capacity as is specified in Schedule II and we have to turn to Schedule II for the purpose of determining whether the workman was employed in one of the capacities set out in that schedule, and the relevant clause Of that schedule is Clause (ii) which provides:

"(ii) employed otherwise than in a clerical capacity in any premises wherein, or within the precints whereon, on any one day of the preceding twelve months, ten or more persons have been employed in any manufacturing process, as defined in Clause (g) of Section 2 of the Factories Act, 1934, or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made, steam, water, or other mechanical power or electrical power is used.........."

The finding of fact by the Commissioner is that in the premises where the deceased was working, cranes, siuices, hoists, capstans, and other docks machinery were worked by water pressure generated by the pumping station, but the view taken by the Commissioner is that the decesed was not employed in the pumping station itself but he was only a night watchman employed to keep watch on the premises of the pumping station. The error into which the Commissioner has fallen, with respect, is that it is not necessary for the purpose of satisfying the definition of "workman" that the deceased should be working in the pumping station itself. All that is necessary is that he should be working in the premises in which ten or more persons are employed in a manufacturing process. Therefore, if in these premises belonging to the Port Trust ten or more persons are employed for carrying on a manufacturing process, it is not necessary that the workman himself should take part in the manufacturing process. All that the law requires is that he must be employed in those premises otherwise than in a clerical capacity. On the facts there can be no doubt that the deceased was employed in these premises where manufacturing process was carried on by more than 10 persons and he was not employed in a clerical capacity. Mr. Petigara on behalf of the Port Trust has drawn our attention to the definition of "manufacturing process" in the Factories Act. "Manufacturing process" is defined in Section 2(g) of the Factories Act and the

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