This appeal is directed against the judgment and order of the Additional Deputy Commissioner and Commissioner for Workmen's Compensation, Lakhimpur, Dibrugarh, dated the 31st August, 1961, awarding compensation to the respondent, hereinafter referred to as 'the claimant'.

(2) The facts of the case briefly stated are as follows: The claimant Srimati Saraswati Devi is the widow of one Haradhan Chakravarty, who was an employee of the appellant here the Assam Railways and Trading Com­pany, hereinafter referred to as 'the Company'. The said Haradhan Chakravarty, hereinafter referred to as 'the deceased', was working with the Company at their colliery at Ledo as Battery Charger cum Electrician. On 1-1-bU, the day of the accident, he was on duty over the night-shift. At about 11.30 P.M. it was found that the fan of the new west mine of the colliery had stopped working and the deceased was accordingly called upon to attend to the fan and to restart the same. It is not disputed that this was part of the duties that had to be performed by the deceased as an employee of the Company. The tan house in the Company's colliery establishment supplied fresh air to the miners working insi