1. Pipe-repairing in the Railways is arduous. While engaged in that work on June 5,1971, in the Southern Railway one Kumaran got exhausted and sat down with head resting on hands. He was immediately removed to hospital where be was admitted for cerebral haemorrhage. He succumbed to it two days after, while under treatment there. His widow, who is the respondent here, was awarded Rs. 7,000/- as compensation by the Commissioner for Workmen's Compensation. This appeal from that is by the Executive Engineer of the Railways under whom Kumaran worked.

2. The fact that Kumaran was working in the Railways on the relevant date is denied by the appellant. The deposition of the Inspector of Works who was examined as O.W.1 shows that there is a separate muster roll for Kumaran. That would have shown whether he was actually engaged in the work that day. That was not produced. A.W. 2 is a co-worker and A.W. 3 a shop-keeper in the neighbourhood. Their evidence, relied upon by the Commissioner, and that rightly, shows that actually Kumaran was engaged in the work of repairing pipes in the Railways on June 5,1971. It is clear that the accident occurred when he was on duty and so in the c