| Citation(s) |
|---|
| 1985 SLG 2079 1985 SLD 2079 1985 PLC 698 |
Labour Appellate Tribunal, Punjab
Appeal No. GA-6 of 1984, decided on 13th November. 1984.
MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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Appeal No. GA-6 of 1984, decided on 13th November. 1984.
MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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MUNICIPAL COMMITTEE, LALAMUSA
VS
Mst. SOSAN BIBI
Law:
Section:
Workmen's Compensation Act (VIII of 1923)- --S. 30-Appeal on a legal point-No misreading of documentary evidence-Appeal, in circumstances, dismissed and different view. held, cannot be taken in appeal on oral evidence. Ch. Fazal Elahi for Appellant. Nazir Ahmad Naz for Respondent. Date of hearing : 10th November, 1984. JUDGMENT This is an appeal under section 30 of the Workmen's Compensation Act against the order dated 17th June, 1984 passed by the learned Commissioner for Workmen's Compensation, Gujrat, whereby an amount of Rs. 13,500 was awarded as compensation for the loss of the life of Sadiq Masih, husband of the respondent, who is alleged to have died on 13th October, 1979 of an accident that took place on 11th October, 1979 while the deceased was on duty. 2. The case of the respondent was that while the deceased was cleaning an out let he fell in it and injured. He died of the injuries on 13th October, 1979. On the other hand the case of the appellant is that no accident took place and that the deceased died of heart failure on 6th October, 1979. 3. Under section 10 appeal lies on a legal point only. The learned counsel for the appellant has not been able to show that any part of evidence had been misread by the learned lower Court. The learned Commissioner has rightly observed that Exh. R-2 is not a genuine document. The deceased was marked present from 4th October, 1979 to 11th October, 1979 by putting letter 'I' but later on a slanting line was added to it on the left and a small horizontal line was drawn between the two verticle lines to read it as 'A' which is an abbreviation of 'absent'. No interpolation was made in the column meant for the date of 13th, which is the date of death of the deceased. Letter 'A' put in column of the date of 13th is quite different from the said letters…
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