( 1 ) THESE two appeals arise out of a claim for compensation by the legal representatives of a deceased workman who according to the claimants died as a result of injury caused by an accident arising out of and in the course of his employment. In the two matters which are the subject matter of these two appeals the deceased was suffering from a pre-existing disease and died during the period of working hours and therefore the question arose as to whether compensation was claimable under sec. 3 of the Workmens Compensation Act and under what circumstances such compensation could be claimed. The question in other words was whether the death could be said to have been caused on account of personal injury caused by an accident arising out of and in the course of employment. Questions such as these when the workman had a pre-existing disease such as heart disease pulmonary tuberculosis and died while doing some work during the hours of his duties have often arisen in the past and have raised points of law as well as of fact on which there have been several pronouncements both by the Courts in England and India. Since both the appeals involve questions relating to proper