| Case ID |
14a608f5-40eb-4f7c-a95a-a8ed647bbc5b |
| Body |
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| Case Number |
WCK-27 of 1975 |
| Decision Date |
Jun 11, 1975 |
| Hearing Date |
|
| Decision |
This appeal under section 30 of the Workmen's Compensation Act was decided in favor of the appellant, resulting in the set aside of the Commissioner’s previous order. The case involved a respondent who claimed compensation after sustaining an injury while unloading goods from a truck. The court found that the medical evidence provided was insufficient to support the claim of permanent partial disability, as no physical tests were conducted to substantiate the doctor's findings. The appeal highlighted significant procedural issues, particularly the reliance on unverified medical opinions without substantial evidence. |
| Summary |
The case revolves around an appeal concerning the Workmen's Compensation Act (VIII of 1923), focusing on the definition of a 'workman' and the assessment of disability claims. The respondent, employed as a labourer, sustained injuries while unloading goods and sought compensation. The tribunal scrutinized the evidence presented, particularly the medical officer's testimony, concluding that it lacked the necessary rigor to substantiate the claim. This decision underscores the importance of proper medical evaluation in disability claims and clarifies the applicability of the law concerning the number of employees in relation to compensation eligibility. This case exemplifies the complexities of work-related injury claims and the legal standards required for evidence in such matters. Keywords: Workmen's Compensation Act, disability claims, legal standards, evidence, medical evaluation, labour law. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
GHULAM RASOOL SHAIKH
|
| Lawyers |
Jan Muhammad Dawood,
S. A. Channa
|
| Petitioners |
MESSRS HAJI REHMATULLAH ABDUL SATTAR & Co.
|
| Respondents |
GUL MUHAMMAD
|
| Citations |
1976 SLD 790 = 1976 PLC 420
|
| Other Citations |
Not available
|
| Laws Involved |
Workmen's Compensation Act (VIII of 1923)
|
| Sections |
Schedule II, items 26 & 7-A,
S. 30
|