MISRA, J. :- This appeal arises out of a case for compensation under S. 3, Workmens Compensation Act. The sole point which requires determination in the appeal is whether the accident which occurred on 22-5-49, in the railway yard at Lucknow and resulted in the loss of both legs of the respondent Mahabir, a machine man employed in the Carriage and Wagon Shops of the East Indian Railway, Alambagh, Lucknow, arose out of and in the course of his employment within the meaning of S. 3 of the Act.

2. The facts are no longer in dispute. Mahabir lives in village Mahmudpur which is close to Malhaur railway station on the East Indian Railway. He used to come free of cost to Lucknow junction every morning from Malhaur along with other employees in a workmens special provided by the railway and proceed after crossing the lines to the Alambagh Workshop which is at a distance of about a mile from the junction across the railway yard. This was a somewhat shorter route and it was taken as a matter of routine for going to and coming from the works in preference to a sub-way and two other overbridge routes which were also available. When the workmen were on night shift, they were provided wi