( 1 ) THIS is an appeal from an order of the learned Commissioner for Workmen's Compensation awarding the applicant respondent a sum of Rs. 1200/- as compensation together with certain costs.

( 2 ) THE applicant was the mother of a boy who, it is said, died as the result of an accident arising out of and in the course of his employment. The boy admittedly was employed by the appellants in a canteen or tea shop and it was part of his duty to take tea from the tea shop which was outside the factory gates to various persons in the factory. On 28-4-1949, late in the afternoon the boy was returning to the tea shop after having served tea to certain persons in the factory when he had to pass a mob of workmen who were leaving the factory. This mob, it transpired, was attacking the police and the police had to fire in self-defence. Unfortunately a bullet struck this boy and he was severely wounded. He was taken to hospital, but unfortunately died the following day.

( 3 ) THESE proceedings were brought for compensation and it was alleged that the death was due to an accident arising out of and in the course of the boy's employment.

( 4 ) THE employers filed a written stat