S.C. Pandey, J.

1. This appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as, the Act) is directed against the order, dated April 21, 1995, passed by the Commissioner for Workmen Compensation-cum-Labour Court, Jagdalpur in Claim Case. No 40/93 (AC).

2. The relevant facts for disposal of this ap- peal are as follows. The respondent is the : widow of Sukhru Ram Nagesh. She filed an application for compensation under the provisions of the Act, claiming that her husband died on July 19, 1992 during the course of employment with the appellant as a result of an accident. Sukhru Ram Nagesh was in the employment of the appellant and he was posted on his duty of helper. He was working in the second shift when he complained of chest pain. Thereafter he suffered a heart attack and fell down from about 150 feet above the ground. He was declared dead. His post morteum examination revealed that he suffered a cardiac respiratory arrest. The respondent claimed compensation worth Rs.78.000 together with interest.

3. The appellant in his reply inter alia took the following stand. It was not disputed that Sukhru Ram Nagesh was working as helper and, therefore,