Law:

Section:

(a) Workmen's Compensation Act (VIII of 1923)--- ---S. 10-Limitation-Workman dying in accident while performing duty-Employer paying Rs. 100 p. m. to widow of deceased workman for some time and then stopping same-Claim filed before Commis­sioner much after one year of accident but within one year of stoppage of payment of Rs. 100 monthly to widow-Claim, in circumstance, held, in time and not barred by limitation. (b) Workmen's Compensation Act (VIII of 1923)--- -- S. 8- Employer paying Rs. 100 monthly to widow of deceased workman directly for some time and then stopping its payment­ Employer, held, could not be allowed adjustment of amount so paid to widow directly, without any agreement recorded by Commissioner, from amount of compensation allowed by Com­missioner. M. J. Chaudhry for Appellant. Nemo for Respondent. Date of hearing: 24th December 1975. DICISION This appeal has been filed under section 30 of the Workmen's Compensa­tion Act against the order of the Commissioner awarding compensation. 2. Mushtaq Ahmed Khan, deceased was the husband of the respondent. He was in the employment of the appellant as a driver. On 1st August 1967 he was driving a car belonging to the appellant and taking the Manager of the appellant from Karachi to Nawabshah. On the way the car met with an accident. As a result of which the driver as well as the manager sustained serious injuries and died. The Management came to know of the accident and the respondent also made representation for giving compensation. Consequently, the Management agreed to pay Rs. 100 per month as compensation. Toe amount was paid up to March 1971 and thereafter it was stopped. So the respondent made an application-to the Commissioner claiming Rs. 7,000 as compensation. 3. The claim was resisted on various grounds. It was admitted that the deceased had died while driving the car as alleged by the respondent but it was pleaded that the car did not belong to the company but it was the personal car of the Manager who had purchased the car and was on leave when the accident has taken place. It wag further pleaded that the claim for compensation could not be entertained by the Commissioner for want of notice…

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