Law:

Section:

Workmen's Compensation Act (VIII of 1923)--­ ----Sched .II. Cl. (xxviii), S. 10---"Workman "---Person employed on van for sale and distribution of newspapers and transportation of luggage of people on hire, held, was not covered by definition of "workman"---Application for compensation by heirs of such employee upon his death while performing duty, was rightly disallowed. JUDGMENT The appeal captioned above challenges the decision dated 28-1-1986 recorded by the learned Commissioner for Workmen's Compensation, Bahawalpur, whereby the petition of the appellant for compensation for the loss of the life of her son Muhammad Arshad was dismissed. 2. Admittedly at the time the accident took place the deceased with some others was on the Suzuki Van of respondent No. 1. The case of the appellant is that the deceased as a conductor on Suzuki Van of respondent No. 1 and since he was on duty at the time he met with an accident, resulting in his death, she is entitled to the compensation of Rs.15,000 under the Workmen's Compensation Act. On the other hand the case of the respondents is that they do the business of sale of newspapers and that the newspapers were carries and distributed on the Suzuki Van which was driven by Zahoor Ahmad Shah; Driver, and that the deceased was off duty and in order to have an outing had gone on the Suzuki Van which was going to Loharka. None of the respondents came in the witness-box. Faiz Ali Shah (R.W. 4) who described himself as Attorney of the respondents, deposed that the deceased used to bring the bundles of newspapers from the post office, to withdraw cash from the Bank and to do household work and that he never worked as a conductor. Needless to say that the conductors work on the buses which carry passengers. According to Zahoor Ahmad Shah, Driver, luggage was also loaded on the vagon and at the time the accident had taken place, the vagon was returning after leaving the household luggage of a person. The driver did not-say that the deceased had gone with him only for on outing. Jafar Ali (P.W. 2) too did not say that the deceased had gone to Loharka only for an outing. Likewise Faiz Ali Shah and Abdul Haq (P.Ws.) did not say so. It…

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