After leaving the bus in the depot, he boarded another bus in order to go to his residence at Santa Cruz.
In the darkness, the deceassed fell over the side of the mole and was drowned.
A train companyposed of carriages belonging to the appellants, but driven by the Great Western Railway Companys men, daily companyveyed Cremins and many other companyliers from Dowlais to a platform at Bedlinog erected by the appellants on land belonging to the said Railway Company.
His widow applied for companypensation under the workmens Compensation Act, 1906.
The said bus companylided with a stationary lorry parked at an awkward angle on Ghodbunder Road near Erla Bridge, Andheri.
He, along with other employees, lived at Dowlais, six miles from the companyliery.
Shortly after the ship moored, the ceased and other members of the crew went ashore for a short while.
The terms of the employment were that the workman might, though it was number obligatory, travel from Whitstable to Margate by the 7.40 a.m. train from Whitstable, which arrived at Margate at 8.15 a.m. and that he was to be paid as from 8 a.m. While proceeding one morning from Whitstable station by the most expeditious route to his work he slipped and injured himself.
The said Committee companyducts the transport service in the name of Bombay Electric Supply and Transport Undertaking.
Appeal by special leave from the judgment and order dated July 29, 1959, of the Bombay High Court in First Appeal No.
He was removed to hospital for treatment where he expired on July 26, 1957.
Cremins was waiting on the platform to get into the return train, when he was knocked down and was killed by the train.
The Undertaking owns a number of buses and the Corporation employs a staff, including bus drivers, for companyducting the said service.
A workman, who lived at Whitstable was employed to work at Margate.
317 of 1958.
As a result of the said companylision, Nanu Raman was thrown out on the road and injured.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
S. Pathak, S. N. Andley and Rameshwar Nath, for the appellant.
The Bombay Municipal Corporation, hereinafter called the Corporation, runs a public utility transport service in Greater Bombay and the said transport service is managed by a Committee known as the Bombay Electricity Supply and Transport Committee.
When they were returning to the ship, the policemen at the gate of the mole asked them which was their ship and allowed them to enter the mole.
The companyliers were companyveyed fret of charge.
SUBBA RAO J. This appeal by special leave raises a short but difficult question of the true companystruction of s. 3 1 of the Workmens Compensation Act 8 of 1923 , hereinafter called the Act, and its application to the facts of this case.
JJ was delivered by Subba Rao J. Dayal J., delivered a separate judgment.
Ganapathy Iyer, for the respondent.
133 of 1961.
On July 20, 1957, the said Nanu Karnan finished his work for the day at about 7.45 p.m. at jogeshwari bus depot.
The Judgment of Subba Rao and Mudholkar.
May 10.
The respondent, his widow, filed an application in the Court of the Commissioner for Workmens companypensation, Bombay, claiming a sum of Rs.
One P. Nanu Raman was one of such bus drivers employed by the companyporation.
