Law:

Section:

Workmen's Compensation Act (VIII of 1923)­ ----S. 30-Appeal---Commissioner accepting opinion of doctor appointed by mutual agreement of parties during course of proceeding before Commissioner---Contention in appeal that award of Commissioner based merely on certificate of doctor without doctor's examination by Commissioner as witness was not valid in circumstances rejected. A. T. Mahmood for Appellant. Date of hearing: 14th January, 1976. DECISION This is an appeal against the order of the Commissioner awarding com­pensation under the Workmen's Compensation Act. 2. The respondent sustained serious injuries arising out of and in the course of employment on 12th February 197 5, after obtaining medico: certificate he filed a claim before the Commissioner. The appellant was duly served and several adjournments sought for filing written statement. How­ever, on 10th July, 1975 Mr. M. A. Shaikh, Advocate appearing on behalf of the appellant pointed out that the notice sent by the appellant was duly replied and the respondent was directed to get himself examined by the Company's Doctor but he had failed to submit for examination. He also made a proposal for the examination of the respondent by Dr. Irshad Waheed and it was agreed that the disability assessed by Dr. Irshad Waheed should be acceptable. Mr. S. A. Channa, Advocate appearing on behalf of the res­pondent accepted this proposal. Consequently, the respondent was examined by Dr. Irshad Waheed and permanent partial disability was assessed at 20 %. The medical certificate was brought on record and the case was adjourned for filing compromise. However, on the adjourned hearing another counsel Mr. A. T. Mahmood appeared and sought…

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