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Muhammad Ibrahim Vs. S. Kamal Saheb - Court Judgment

LegalCrystal Citation
SubjectLabour and Industrial
CourtChennai
Decided On
Reported in(1939)2MLJ851
AppellantMuhammad Ibrahim
RespondentS. Kamal Saheb
Excerpt:
- 1. this appeal must be allowed. the learned commissioner's finding that the deceased was in the employment of the opposite party is a finding of fact with which we cannot, and do not wish to interfere. but there was no evidence whatever on which the learned commissioner could base his finding that the accident to the deceased arose out of and in the course of his employment. his employment was as a 'bus driver' but at the time of the accident he was travelling as a passenger, standing on the foot board. there is no evidence that he was going to or from his work, or that he was going in the bus for the purpose of his employment.2. this appeal is allowed with costs here and in the court of the commissioner.
Judgment:

1. This appeal must be allowed. The learned Commissioner's finding that the deceased was in the employment of the opposite party is a finding of fact with which we cannot, and do not wish to interfere. But there was no evidence whatever on which the learned Commissioner could base his finding that the accident to the deceased arose out of and in the course of his employment. His employment was as a 'bus driver' but at the time of the accident he was travelling as a passenger, standing on the foot board. There is no evidence that he was going to or from his work, or that he was going in the bus for the purpose of his employment.

2. This appeal is allowed with costs here and in the Court of the Commissioner.


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