An accident occurring during a journey between a public boat landing and the place of work is not compensable under the Workmen's Compensation Act.

Judgment

S. JAFER IMAM, J. : Special leave to appeal was granted in this case upon the appellant giving an undertaking not to claim any refund of the compensation moneys already paid in pursuance of the order dated 31-1-1953, passed by the Commissioner for Workmen s Compensation at Junagadh and to pay in any event the respondents their costs of the appeal.

2. The appellant is the Saurashtra Salt Manufacturing Co. It employs workmen both temporary and permanent. The salt works of the appellant is situated near a creek opposite to the town of Porbandar. There are at least two ways to go to the salt works from the said town, one an over land route nearly 6 to 7 miles long and the other via the creek which has to be crossed by a boat. At the Porbandar end of the creek is the Asmavati Ghat and the creek can be crossed from there at point A to the other side at point B which is on a sandy piece of land. Those crossing the creek from point A alight from the boat at point B. From point B, after tranversing the sandy area, one can reach the salt jetty of the salt works and the salt works itself. One the sandy area near point B there is also a public foot path which goes to the salt works at point D, the distance being 1 1/4 mile. It is unnecessary to refer, for the purpose of this case, to the overland route although this route is clearly indicated in the map, Ext. 35, which was prepared by H. V. Vaishnav who was appointed a Commissioner to prepare the map in this case.

3. When the appeal had been heard for some time it was thought necessary by this Court to have findings recorded on two questions (1) whether there was any arrangement between the appellant and the ferrywalas or Kharvas for its workmen to be ferried to and from the salt works and, if so, what were the terms thereof and (2) whether the arrangement, if any applied also to the casual workmen of the type in question in these proceedings, whether they were proceedings to the salt works or returning therefrom. This Court also ordered that a map or plan was to be prepared showing the site of the creek, the sandy patch and the salt works together with the area and surroundings of the town of Porbandar with reference thereto. The above-mentioned map, Ex. 35, was prepared accordingly.

4. In the evening of 12-6-1952, a boat carrying certain workmen, who had been employed that day by the appellant, while crossing the creek from point B to point A capsized due to bad weather and over-loading. The accident took place when the boat had partically reached point A of the map, Ext. 35. As the result of the accident some of the workmen were drowned resulting in 7 cases for compensation being filed under the Workmen s Compensation Act. Of these, one was dismissed and compensation was awarded to the dependants of the drowned workmen in the other cases.

5. The Commissioner for Workmen s Compensation found that the accident arose out of an in the course of the employment of the workmen. Accordingly, he awarded compensation. The appellant appealed to the High Court of Saurastra (now the High Court of Bombay). The High Court, after an elaborate discussion of the law, came to the same conclusion and dismissed the appeal with costs. In the appeal before us it was urged on behalf of the appellant that although the compensation had been paid to the dependants of the drowned workmen and the appellant did not seek a refund of the same and the appellant must pay the costs of the respondents even in the event of success, it was essential for the appellant to have a decision whether in the circumstances disclosed in this case, in law, the appellant was liable to pay any compensation.

6. Although from the town of Porbandar there are two ways of going to and returning from the salt works of the appellant, it was not disputed in the High Court that the usual and the ordinary way to go to and return from the salt works was via the creek to be crossed at points A and B. The deceased workmen were not regular workme