Ramakrishnan, J.

The short question arising for consideration in this appeal filed under S.30 of the Workmen's Compensation Act (for short "the act" ) is whether the killing of a workman while he was in the course of his employment, by an unknown person, can be considered as death caused as a result of an accident arising out of his employment?

2. Briefly the facts relevant are thus: The second opposite party in W. C. C. No..85 of 1992 on the file of the Commissioner for Workmen's Compensation (Deputy Labour Commissioner) Ernakulam is the appellant in tins appeal. The application filed was for compensation for (toe death caused to one Mr. Thomas, husband of the 1st respondent and father of respondents 2 to 4 in this appeal. According to the applicants the deceased Thomas was the driver of Tourist Taxi Car KRV 5250 owned by the first opposite party. On 16.6.1991, the deceased was engaged by the first opposite party to drive the taxi car with passengers for hire. Accordingly the deceased went to Valliyoor, near Kuttalam, taking the tourists in the taxi car. He did not return after the tour and it was reported that he was killed and (lie car was stollen by somebody. In the a