Somayya, J.

1. This is an appeal by the employer against the award of compensation to a relation of a deceased workman who met with his death, while returning from the harbour, the place where he was working. The deceased workman was employed for the purpose of bunkering coal in wharf No. 3. There were two routes which were usually taken by the workmen while getting out of the harbour, one marked F and the other marked G in the sketch Ex. I. In this case the deceased wanted to go along the passage G and in order to get to that passage from the place where he was actually working, one has to go near the point marked E in the sketch. While the deceased was near that point, some rice bags fell from a crane. It appears that certain rice bags were being unloaded from a ship by a crane and that the rice bags fell upon the deceased and he was crushed to death. The question is whether this accident occurred to the workman by accident "arising out of and in the course of his employment." On the evidence adduced on behalf of both the parties, it is clear that the bunkering was completed only at about 7-45 p.m. The accident occurred at about 8 oclock. One has necessarily to take some r