Law:

Section:

Workmen's Compensation Act (VIII of 1923)- -- S. 30-Appreciation of evidence-Question of disability-Reliance placed upon Doctor examining and assessing disability-Testimony of Doctor neither treating injured workman nor assessing disability and giving evidence merely on basis of certificate issued by other Doctor-Findings arrived at by Commissioner, in circumstances, upheld in appeal. Dastagir Qazi for Appellant. Date of hearing : 24th January, 1980. ORDER This appeal is directed against an order made by the learned Commis­sioner for Workmen's Compensation, on 20th October, 1979, by which he determined the loss of earning capacity of the respondent to be 80% and evaluated the same at Rs. 16.000 which amount he directed the General Manager, Telecommunication Department, Karachi Region, the appellant herein to pay to the respondent together with medical fee of Rs. 32. 2. The respondent, who was employed as a Lineman in the Karachi Telecommunication Region, is said to have sustained a serious injury on 25th May, 1977, due to a fall from a telephone pole upon which he was working in the discharge of his duties and in consequence of which injury he is said to have incurred 80% disability. The respondent was treated in the Jinnah Medical Hospital, but the certificate of disability was obtained by him from a private Doctor by name Dr. A. Z. Rehman. As the Telecommunication Department had sanctioned only a sum of Rs. 200 to the respondent for the treatment of the injury sustained by him, he approached the learned Commissioner for Workmen's Compensation, who has passed the order which has been assailed by the Telecommunication Department before this Tribunal. 3. I have heard Mr. Dastagir Qazi, the learned counsel for the appellant. The sole point which he has urged before me is that the learned Commissioner has misread and misapplied the evidence in the case and hence he has reached a wrong decision which is not sustainable in law. The learned counsel contended that the learned Commissioner should not have accepted the evidence of the private Doctor, who had-not treated the respondent, in the presence of the evidence of Doctor Z. K. Qazi, the Head of the Department of…

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