1. This is an appeal filed by the legal representative of the employee challenging the order passed by the Commissioner under the Workmen's Compensation Act, 1923 rejecting the claim of the employee for compensation.

2. It is undisputed that the deceased Vitthal was the employee of the Maharashtra State Electricity Board the predecessor of the present respondent-Maharashtra State Electricity Distribution Company Limited. It is undisputed that the incident of stabbing had occurred within the premises of the workshop during the working hours.

3. The only substantial question of law which arises for consideration in the present appeal is:

“Whether the injury was caused to the appellant by accident arising out of and in the course of his employment ?”

4. Shri N.R. Saboo, the learned Advocate for the appellant has submitted that it being an admitted fact that the incident had occurred within the premises of the workshop and during the working hours, the burden was on the respondent-employer to prove that the accident had not arisen out of and in the course of the employment. It is submitted that the respondent has not led any evidence to discharge the burden of proving that the acc