Alfred Henry Lionel Leach, C.J.

1. These two appeals can be conveniently dealt with in one judgment. They arise out of proceedings under the Workmens Compensation Act. On the night of the 21st October, 1940, two workmen named Thandrangi Sanyasi and Kotina Simhachalam respectively were killed within the premises of the Vizagapatam harbour. They were coolies who were employed by the appellant, a contractor of the Port authorities. The Traffic Manager of the Port deposited with the Commissioner for Workmens Compensation the sum of Rs. 1,100 as the amount payable to the dependents of the deceased workmen under the Act. The appellant had given an indemnity to the Port authorities and consequently the traffic manager applied under Section 12 (2) for an order of indemnification. The Commissioner held that the accident arose out of and in the course of employment and therefore the Port authorities were entitled to be indemnified by the appellant. The appeal is from that order. It is common ground that if the accident arose out of and in the course of employment the order of the Commissioner must stand.

2. The facts are very simple. The appellant employed the two workmen for loading