Law: Evidence Act (I of 1872)

Section: 106

Law: Workmen's Compensation Act (VIII of 1923)

Section: 3

(a) Evidence Act (I of 1872)-----   ----S. 106-Burden of proof-- True purpose of section 106 stated.   The true purpose of this section is very clearly discernible from the two illustrations which follow this section. The first illustration is that when a person does an act with some intention other than that which the character and circumstances of the act suggest the burden of proving that intention is upon him. There has to be an allegation of fact. That allegation which would entitle the party to succeed would have ordinarily to be proved by him. But if having regard to the nature of the allegation and such prima facie evidence which might be furnished or which might be apparent it is pleaded by the other side that the thing did not happen in that way as it appeared the onus would then lie upon that party to prove the facts within his special knowledge in support of his plea.   (b) Workmen's Compensation Act (VIII of 1923)----- -   -----S. 3 --Findings of Commissioner not given upon any reasoning nor upon reference to evidence led before him-Set aside-Case remanded.   Date of hearing : 3rd March 1966.    JUDGMENT   This is an appeal under section 30 of the Workmen's Compensation Act and is directed against the order of Mr. Abdul Aziz Bhatti, Commissioner Workmen's Compensation dated 29th May 1965.   2. One Jalal Din, son of Feroze Din (ticket No. 1409) employed in Batala Engineering Company, Kot Lakhpat, Lahore died on 17-1-1964 in the factory premises. The body was handed over to his relatives and nothing happened until 24-8-1964 when a reference was made. by the Labour Officer Divisional V and Inspector of Factories to the Commissioner for Workmen's Compensation, Lahore. In that reference it was stated that the said Jalal Din died in the factory "during the course of employment while on duty". It was further stated that the cause of death as stated by the Management was heart failure whereas the dependents of the deceased stated that he died "during the course of his employment while on duty." It was then stated that a notice of this accident was sent to the Chief Inspector…