Law:

Section:

Workmen’s Compensation Act (VIII of 1923)   -----S. 3 Deceased employee, while on his way (on cycle) to Mills to join duty, meeting with accident with bus on public road at a place about five miles from Mills resulting in his death in Hospital¬ Death of employee, hell, caused by an accident not ‘arising out of and in course of his employment and hence father of deceased not entitled to any compensation under Act.   U Yan Shin v. Ma E Sein and others A R 1940 Rang 18; Mst. Maqsoodan Nisa and others v. Indo Pakistan Corporation Ltd., Karachi P L D 1961 Kar. 219 and Karachi Shipyard and Engineering Works Ltd. v. Mst. Samundara Begum and others P L D 1967 Kar. 700 rel.   JUDGMENT This is an appeal against the order dated, 18 1 1977 of Commissio4er for Workmen’s Compensation, Sargodha and Mianwali. 2. Abdul Latif, deceased was an employee of Colony Thal Textile Mills Ltd., Bhakkar. On 22 9 1975 at about 5 00 a.m. while he was on his way on his cycle to the mills to join duty in the 6 00 a.m. shift, he met with an accident with a bus, with the result that he was removed to the hospital and died subsequently on the same day. The place of accident was at a distance. of about five miles from the mills. His father Muhammad Sharif, respondent fled an application before the Commissioner for compensation. The Commissioner accepted the application and granted compensation of Rs. 8050 vide order under appeal. 3. Aggrieved by the above order, Colony Thal Textile Mills Ltd., appellants have preferred this appeal. 4. The fact narrated above are admitted by both the parties. The point for determination is as to whether the death of Abdul Latif, deceased was a result of an accident arising out of and in the course of his employ¬ment. 5. The learned counsel for the appellant relied on the judgment of the Rangoon High Court in the case of, U Yan Shin v. Ma E Sein and others (AR 1940 Rang. 18) wherein it was observed: ‘In claims for compensation under Workmen’s Compensation Act the onus lies on the appellant to prove that the accident arises out of employment, and if the evidence is not sufficient to establish this, the claim fails. An accident arises out of employment…

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