( 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 construction and effect of sec. 3 of the Workmens Compensation Act that question being common to both the appeals can conveniently be disposed of in one judgment and as the facts are different in two cases after dealing with the legal points I shall deal with each appeal separately in this judgment. In order to understand how the question about the construction and effect of sec. 3 of the Workmens Compensation Act has arisen in these two matters it would be necessary to refer shortly to the facts of each case which have given rise to the present controversy between the parties. First Appeal No. 645 of 1961 is against the order of the Commissioner for Workmens Compensation Ahmedabad in Application No. 69 of 1958 by the widow of Krishan Vashram who was in the employment of the Sarangpur Cotton Manufacturing Co. Ltd. and who was working as a head jobber in the throstle department in the second shift on 25th February 1958 when he suddenly developed pain in the chest and vomitted blood at about 9-30 P. M. and died in the early morning of the next day. On post mortem examination the cause of death was found to be bilateral pulmonary tuberculosis. First Appeal No. 57 of 1963 is against the order of the Commissioner for Workmans Compensation Ahmedabad in Application No. 74 of 1959 which was made by the widow of one Babaraji Becharji who was an employee of the New Commercial Mills Co. Ltd. Ahmedabad and who was working as an oilman in the Engineering Department on 27 March 1959 when at about 8-30 A. M. in the morning shift he vomitted blood and died. On post mortem examination it was found that he had died of acute coronary insufficiency and that the duration of the disease was about 5 to 10 years. In both the cases therefore the facts disclosed that the cause of death of the workmen was a preexisting disease end in both the cases the attack which resulted in the death of the workmen was received during the period when the workmen were on duty. The question that arose in the two cases was whether the occurrence was an accident which arose out of and in the course of the workmens employment. The arguments of the learned advocates appearing on behalf of the two employers in the two matters was that when death of the workman occurs during the period of his employment and when the workman was suffering from a pre-existing disease which by itself could have resulted in his death the employer could not be made liable to pay compensation under the Workmens Compensation Act unless it was proved that the cause of death of the workman was the strain which the workman had undergone while performing his duties that were assigned to him by the employer. It was urged that unless and until this fact was positively proved no order for awarding compensation could be made und