Ramakrishnan, J.

This is an appeal filed under Section 30 of the Workmen's Compensation Act 1923 (for short 'the Act') against the order passed by 2nd respondent, Commissioner for Workmen's Compensation (Deputy Labour Commissioner), Kottayam in W.C.C. 587 1992. The Ist respondent has filed W.C.C. 58/92 as the widow of one Ramayya claiming compensation of Rs. 47,866.28 on the ground that the death of her husband Ramayya occurred on account of an accident arising out of and in the course of his employment with the appellant. As per the impugned order, the Ist respondent was found to be entitled for a sum of Rs. 33,823/- as the compensation payable in respect of the death of Ramayya. The appellant has been made liable to pay the said compensation. Aggrieved by the order, the appellant has preferred this appeal.

2. According to 1 st respondent, deceased Ramayya was employed as a gardener in the small bungalow of the Assistant Manager of Thengackal Estate of which appellant is title Manager. While on duty on 1-7-1991 at about 11-30 a.m. deceased Ramayya felt chest pain and fell down, and breathed his last on his way to the hospital. It was alleged that at the time when he felt