| Citation(s) |
|---|
| 2019 SLG 1420 2019 SLD 1420 2019 PLC 101 |
Sindh High Court
Suit No. 886 of 1999, decision Dated: 02-07-2018. Dates of hearing: 14th, 19th and 23-02-2018.
MUHAMMAD FAISAL KAMAL ALAM, JUSTICE
Petitioner(s) by: Arshad Iqbal
Respondent(s) by: Ms. Asmara Parveen
Suit No. 886 of 1999, decision Dated: 02-07-2018. Dates of hearing: 14th, 19th and 23-02-2018.
MUHAMMAD FAISAL KAMAL ALAM, JUSTICE
Petitioner(s) by: Arshad Iqbal
Respondent(s) by: Ms. Asmara Parveen
SYED RAZA HAIDER RIZVI
VS
MESSRS GORDON SHIPPING COMPANY LTD. AND ANOTHER
Law:
Section:
Employer and Employee--- ----Suit for damages/compensation---Medical facility, non-providing of by employer---Effect---Plaintiff was employee of defendants (employers) who were bound to provide him proper medical treatment---Plea raised by plaintiff was that due to failure of defendants to provide medical treatment, he had suffered permanent physical disability due to injury sustained by him during duty---Validity---Defendants neither produced any document about complete recovery of plaintiff nor had questioned authenticity of documents produced by plaintiff---Expert opinion of doctors further substantiated the fact that till March-1999 plaintiff was not fully recovered from injury which inhibited his pursuit of career---Testimony of plaintiff (employee) and undisputed documentary evidence produced by him weighed in favour of plaintiff as against oral evidence of defendant that complete medical treatment was given to plaintiff---To extent of negligence shown by defendants (employers) in providing incomplete medical treatment of plaintiff stood proved---Suit for damages and compensation was decreed accordingly. THIS JUDGMENT DELIVERED BY: MUHAMMAD FAISAL KAMAL ALAM, J.---- Through the present lis, the Plaintiff is claiming compensation from the Defendants on account of injury suffered by the Plaintiff while on duty as Second Officer on the Vessel M. V. MED Venice. Following relief has been claimed:-- "a. Declaring that 25% to 30% permanent disability in Plaintiff's physical condition is due to the injury sustained by him on 27.05.1996, while on duty at the Port of Abu Dahabi, on board of defendants ship "M.V. Med Venice" as there has been complete negligence on part of both the defendants, as they badly failed to provide proper medical assistance / treatment to the plaintiff and further that, there has been complete loss of earning to the plaintiff, who has been deprived from the benefit of taking up a job on board a ship and beside that, there is loss of increased future income, that plaintiff could have earned after attaining the competency and obtaining Master's certificate. b. Further declaring that for the reasons mentioned in prayer clause "a" and as per…
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