A. K. MUKHERJEA, J.

( 1 ) THERE is an appeal against the judgment and order dated 30th November, 1960 passed by the Commissioner for Workmen's Compensation.

( 2 ) THE facts of the case are as follows: The petitioner Kesto Routh was a workman employed by a contractor of the opposite party P. E. Davis and Company, a firm of stevedores who were registered under the Calcutta Dock Labour Board. I shall refer to the petitioner as Routh hereinafter. On the night of 30th April, 1959, Routh was working on board the vessel S. S. Fern Leaf which was berthed at the King George's Dock buoy. Routh was assaulted by the crews of the said vessel and received certain injuries in his neck, chest, head, eyes, ears, teeth and almost all over the face. At the time of this incident Routh was receiving a sum of Rs. 172. 50 P. as monthly wages. Routh claims compensation from the opposite party for the injuries which he had received at a time when he was in their employment.

( 3 ) THE opposite party in its written statement has resisted the claims of Routh mainly on the following grounds: (i) that the applicant did not receive the injuries out of and in the course of stevedoring work. (ii) that the avera

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