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Co-worker, Kala Maya, is examined at Ex. 26. He stated in his evidence that the deceased was leaving his house for work around 9 o'clock morning and he was working in the talkie still late night, i.e. 12.30 or so, with a lunch break of one or one and a half hours.

Witness, Hemendra Ratilal Thakker, is examined at Ex. 27. He was also working in the theatre, at the relevant time, along with the deceased. He has explained the nature of duties of the deceased. According to the evidence of this witness, deceased had to wait near the door as a Door-keeer and he had to check the tickets. Thereafter, he had to lead the cinegoers to their seats. There were 10 rows with 30 seats in each row. After the starting of the cinema , the deceased had to sit on a stool, without any support, continuously. It becomes clear from the evidence of Kala Maya and this witness, H. R. Thakker, that the deceased Dudhahai was doing the work of two persons.

19. There was also suggestion from the employer in the medical evidence of Dr. Nathawani, at Ex. 33, that the deceased was suffering from tuberculosis. Dr. Nathawani has admitted in his evidence that, since the deceased had two conjested lungs, it was possible to hold that the deceased was suffering from tuberculosis, since long. It is also stated by him in the cross-examination that, there will be gradual effect on the heart on account of long standing tuberculosis. It appears thus that the deceased was suffering from tuberculosis. The Medical Officer, Dr.N.N. Joshi, at Ex.46, has clearly testified that myocardial infraction means heart attack and due to heart attack, there will be pain in the heart region. It is also clearly stated by him that the chest pain could be caused even by little strain or stress in such situation. It is also clearly testified by him that the Door-keeper has to check the tickets and has to lead the persons to the chair and such activities would involve strain and fatigue, and it also causes pain in the chest and it can accelerate death. A suggestion was also put to Dr. Joshi, on behalf of the employer, that a tuberculosis patient normally remains, weak and he is more susceptible to develop myocardial infraction, as sustained by the deceased. It is also admitted by him that, on account of tuberculosis and conjestion of lungs, the heart becomes weak and it is likely to develop myocardial infraction.