P.N. Mookerjee, J. - (1.)This appeal is by the employer and it arises out of a proceeding for compensation claimed by or on behalf of the heirs and legal representatives of a deceased employee or workman under the Workmen's Compensation Act.
(2.)Shortly stated, the relevant facts are as follows: The Respondent's husband Alauddin was a rating booked by the Appellant company for work on S.S. City of Barcelona. While proceeding by a boat for boarding the vessel in the midstream along with other ratings of the gang, he accidentally fell into the river due to a certain jerk of the boat which dashed against the ship and was drowned on September 2, 1954. Compensation is claimed on the footing that the workman concerned, namely the Respondent's husband Alauddin, died in the above accident arising out of and in the course of his employment.
(3.)The Respondent's claim was contested by the Appellant whose principal defence or objection was that the deceased was not under its employment and that the accident, if any, was not one arising out of and in the course of the deceased's employment under the Appellant even assuming that he was, at the relevant time, under such employment.