1. The 1st respondent's son Varkey was a workman under the appellant. On May 3,1971 he died of stab injuries he received at the gate of the appellant's saw-mill where he was employed to do odd jobs. That day there was some labour unrest in the mill. Some of Varkey's work-fellows refusing to work had assembled at the gate from the morning. They were shouting slogans and the situation was tense. Varkey was sent out to a nearby tea shop in the first instance to fetch two glasses of tea for Anto and Vakkachan, the son and the nephew of the appellant, who were inside the mill and a second time to return the tea glasses. While he was coming back from the tea shop after returning the glasses Anto was on his way towards the road on a motor cycle. The motor cycle dashed against one of the workmen assembled at the gate, one Pappan. He fell down. Varkey was at the gate, when Pappan fell down and was helping Pappan to rise up when Vakkachan's stab fell on Varkey. Vakkachan had by this time come to the gate where upon a scuffle ensued between him on the one side and the striking workmen on the other.

2. It is contended that the injury being an intentional injury the same cannot be sa