Harries, C.J. - (1.) This is an appeal from an order of the Commissioner for Workmen's Compensation, dismissing an application for compensation brought by a widow.
(2.) The applicant was the wife of one Phanindra Mohan Das Gupta who was employed by the Corporation of Calcutta in the Building City Architect Department. On August 3, 1947, he was out in connection with his work when he was attacked by a riotous mob and killed. His body was removed and it was never discovered. It is however admitted that he was killed in the manner suggested. The monthly wages of the deceased were said to be between Rs. 200 and Rs. 300 per month and the widow as a dependant claimed a sum of Rs 4,000 as compensation.
(3.) The Calcutta Corporation denied that the deceased man was a 'workman' within the meaning of that term as used in the Workmen's Compensation Act. They admitted that he was killed by a riotous mob whilst following his employment and indeed admitted that the killing amounted to an accident arising out of and in the course of the employment. The contest was on whether the deceased man was a workman and therefore entitled to compensation. The learned Commissioner eventually held that the deceased was not a workman and dismissed the application.;