HARRIES, C.J. :- This is an appeal by the employer from an order of the Commissioner for workmens compensation awarding the respondent a sum of Rs. 441 together with certain costs as compensation in respect of an accident.

2. The workmans case was that he was employed by the appellant to load certain bricks into a lorry, to travel with the lorry and unload the bricks on arriving at the lorrys destination. It is said that whilst the respondent was travelling in this lorry on some day about seven months before the hearing before the Commissioner, the lorry travelling along a narrow path overturned. The workman who was travelling on the lorry, it is said, was thrown into a tank along side this narrow pith and was injured by bricks from the overturned lorry falling upon him. The workmans case was that he sustained injuries in the chest and on left hand, left knee and waist.

3. The appellant denied that the respondent was a workman within the meaning of the Act and he denied that there was any accident or that be had notice of any accident.

4. Evidence was called before the Commissioner upon which ho held that the respondent had been injured by accident arising out of and in the c