P. RAMACHANDRA RAJU, J.

( 1 ) THE appellant in this Civil miscellaneous Appeal is the proprietor of Asoka Talkies, Rajahmundry, against whom the Commissioner for workmen s compensation. Visakhapatnam, passed an order directing him to deposit a sum of rs. 7,000/- as compensation payable to the dependants of one Y. Papa Rao. who happened to die due to an accident while in the employment of the appellant as asst. Manager of the Asoka Talkies. The respondent herein, viz. the wife of the deceased Y. Papa Rao, filed application under Section 22 of the Workmen s compensation Act, 1923 claiming compensation of a sum of Rs. 7,000 - alleging that the death of her husband was due to an accident arising out of and in the course of employment with the appellant.

( 2 ) THE hours of work of Y. Papa rao at the Talkies at the relevant time were from 5 p. m. till I a. m. with an interval of one hour between 8. 30 and 9. 30 p. m. On t. e date of the occurrence, as usual he left Asoka Talkies at 8. 30 p. m. and went home to take his food. On his way back to the Talkies at about 9. 30 p. m. after starting from his house while he was walking in a public street and covered only a short distance from his h

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