Nagendra Rai, J.

1. The present appeal has been filed under Sec. 30 (1) of the Workmens Compensation Act, 1923, (hereinafter referred to as the Act) against the judgment dated March 18, 1980, passed by the Commissioner under the Workmens Compensation Act at Patna, in Workmens Compensation Case No. 12 of 1977/6 of 1978, by which the application filed by the appellant for compensation under Sec. 3 of the Act has been dismissed.

2. The deceased Narendra Kumar was appointed as seasonal khalasi under the Irrigation Department by the Assistant Engineer, Udar Asthan in the district of Gaya on July 21, 1975 for a period up to October 20, 1975. On October 1, 1975 he was on duty at Dhawal Bigha Canal Regulator under Udar Asthan Irrigation Scheme. According to the appellant, her husband Narendra Kumar while on night duty on October 1, 1975 at Dhawal Bigha Canal Regulator was done to death. She filed a claim application under Sec. 3 of the Act claiming Rs. 16,800.00 as compensation.

3. The respondent Executive Engineer contested the claim primarily on two grounds; firstly, that the deceased was not a workman as defined under the Act and, secondly, that the deceased did not die by an ac