JUDGMENT :

G.B. Patnaik, J. - This appeal is directed against the order of the Commissioner for Workmen's Compensation in Workmen's Compensation Case No. 103 of 1978, whereunder a sum of Rs. 19,200 has been awarded in favour of the respondent.

2. The respondent who is the sister as well as mother-in-law of the deceased had filed the application claiming to be a dependant under the Workmen's Compensation Act (hereinafter referred to as 'the Act') alleging therein that deceased M. Appal Konda Raju, on 23rd August 1978, while coming out of the factory premises after attending to his duty in the morning hours fell down at the main gate and on being removed to Ambaguda dispensary was declared to be dead. Before the Commissioner, the appellant though admitted that the deceased was working in the central workshop yet denied the allegation that he sustained some personal injury by accident arising out of and in course of his employment and, therefore, it was contended that no compensation is payable.

3. Three witnesses were examined on behalf of the claimant. The learned Commissioner did not rely on their evidence excepting relying on a part of their testimony that the deceased was suffering