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Judgment
This appeal must be allowed. The learned Commissioner''s finding that the deceased was in the employment of the opposite party is a finding of
fact with which we cannot, and do not wish to interfere. But there was no evidence whatever on which the learned Commissioner could base his
finding that the accident to the deceased arose out of and in the course of his employment. His employment was as a ""bus driver"" but at the time of
the accident he was travelling as a passenger, standing on the foot board. There is no evidence that he was going to or from his work, or that he
was going in the bus for the purpose of his employment.
This appeal is allowed with costs here and in the Court of the Commissioner.