Law: Workmens Compensation Act, 1923

Section: 30

Workmen's Compensation Act (VIII of 1923)--- ----S. 30---Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S.10-B---Appeal---Claim for payment of amount of group insurance---Appellant during the course of his employment suffered from paralysis and he was determined 80% invalid through medical certificate issued by Medical Superintendent, DHQ. Hospital---Appellant filed application for grant of group insurance money, which was dismissed by the Commissioner Workmen's Compensation on the basis of a letter maneuvered by respondent-establishment, which culminated in filing of appeal---Appellant's contention was that as his working capacity had become impaired by 80% during the course of his employment, therefore, he was entitled for payment of amount of group insurance---Plea of respondent-establishment was that chit/certificate issued by outdoor section of DHQ Hospital could not be used as a declaration of disability in any court of law---Validity---Commissioner while adjudicating upon the matter did not summon Medical Superintendent and Incharge of outdoor section, who issued the certificate, which was countersigned by Medical Superintendent, therefore, said certificate remained un-rebutted by the respondent-establishment---Manager of Mills maneuvered a letter from Medical Superintendent that chit/ certificate issued by outdoor section could not be used as a declaration of disability in any court of law--- Medical Superintendent, who issued that letter, did not appear before trial court for cross-examination---Commissioner committed mistake and wrongly rejected the claim of the appellant---Order passed by the Commissioner was set aside and appeal was accepted in circumstances. Muhammad Habib Khan v. Pakistan Tobacco Co, Ltd. PLD 1991 SC 183 and Ahmed Textile (Pvt.) Ltd. v. Mst. Saddiqan Bibi and another 2006 PLC 656 ref. Karachi Transport Corporation, Karachi v. Kajeer Khan and another 1993 PLC 296; B.P. Biscuit Factory Ltd., Karachi v. Wealth Tax Officer and another 1996 SCMR 1470 and Ahmed Textile (Pvt.) Ltd. through Manager v. Mst. Saddiqan Bibi and another 2006 PLC 565 distinguished. JUDGMENT JUSTICE (RTD.) HAFIZ ABDUL REHMAN…

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