MESSRS BRIGSTOCK EDULJEE & Co., KARACHI vs Mst. AJBAI — 1970 PLD 653

Citation: 1970 PLD 653

Court: Sindh High Court

Year: 1970

Decision Date: 1970-03-09

Parties: MESSRS BRIGSTOCK EDULJEE & Co., KARACHI vs Mst. AJBAI

Headnotes

Case cited as PLD 1970 Karachi 653

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem Title: MESSRS BRIGSTOCK EDULJEE & Co., KARACHI vs Mst. AJBAI Case No.: Miscellaneous Appeal No. 109 of 1968 Date of Judgment:1970-03-09 Reported As: PLD 1970 Karachi 653 Result: Appeal dismissed JUDGMENT JUDGMENT This miscellaneous appeal is directed against the order dated 30th September 1968 of the Commissioner by which he awarded Rs. 6,000 as compensation and Rs. 36 as costs to the respon- -dent. 2. Deceased Jamal was a Dock labourer. On 28th August 1965 he left his house at about 6 a.m. And was employed by the appellant to remove Bauxite Ore in the hold of s.s. "Sagar Gita" The ore was lying in the hold in the form of soft stone and f powder. The deceased worked from 7 a.m. Till 10 a.m. When he complained of suffocation. He then climbed up to another hold to get some fresh air, where he vomitted and died. His dead body was not sent for any post-mortem examination, but there was an inquest and the report disclosed that he died as a result of heart failure. The respondent then filed an application for compensation under section 3 of the Workmen's Compensation Act on 7th January 1966. The appellant in defence contended before the Commissioner that he had died a natural death and not as a result of any personal injury by accident arising out of and during the course of his employment with them. It was also denied that he was employed with them at the time of the accident. 3. Upon the pleadings of the parties the…

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