1. The 1st respondent, the widow of one Shri Bumo, filed an application, W.C.C. No. 356 of 1978, before the respondent, the Commissioner for Workmen's Compensation, Ernakulam, claiming compensation under S 3 of the Workmen's Compensation Act, 1923 (the Act), from the appellant, on the allegation that her husband who was a headload worker, in the employment of the appellant, died on 2-5-1974, due to an accident arising out of and in the course of his employment. That the 1st respondent's husband was an employee under the appellant who was during the material time a Shipping, Clearing and Forwarding Agent at Cochin, and that be (the 1st respondent's husband) died on 2-5-1974, are facts admitted by the appellant. The only question that required decision by the 2nd respondent was whether the death of the Ist respondent's husband was due to an accident arising out of and in the course of his employment.

2. The second respondent-Commissioner had initially passed orders dismissing the application. This court, however, in appeal, set aside that order and remanded the matter to the 2nd respondent-Commissioner for fresh disposal according to law, and in the light of the observatio