THE EAST PAKISTAN WATER AND POWER DEVELOPMENT AUTHORITY, — 1970 PLC 747

Citation: 1970 PLC 747

Court: Dacca

Year: 1969

Decision Date: 1969-12-31

Petitioner: THE EAST PAKISTAN WATER AND POWER DEVELOPMENT AUTHORITY, JUDGMENT

Headnotes

Case cited as 1970 PLC 747

Judgment Text

Court Name: Dacca Judge(s): T. H. Khan, Maksum-ul-Hakim Title:THE EAST PAKISTAN WATER AND POWER DEVELOPMENT AUTHORITY, JUDGMENT Reported As: 1970 PLC 747 Result: Appeal dismissed Judgment JUDGMENT MA SUM-UL-HAKIM, J.-This is an appeal under section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as W. C. Act). The facts giving rise to this appeal are that one Abdul Rafique son of respondent No. 1 Mohar Ali Salyal engaged as a labourer for loading and unloading bricks from Kumardugi brickfield to Sbolaghar WAPDA Offce. Abdur Rafique was engaged as a labourer under the Sectional Officer, East Pakistan WAPDA (hereinafter referred to as E. P. WAPDA), Sholaghar, Chandpur. He used to be paid a daily wage of Rs. 4. East On 5-6-1967, he met with an accident in the course of his employment and died. At that time he was on board the Dev truck No. EBT 1710 while the truck was on its way to Sholaghar from Kumardugi brickfield. There were other labourers with him on the same truck. When the truck reached Sat, near the Fishery Campus, Chandpur, it faced another truck of E. P. WAPUA bearing No. EBT 6570. Being confronted with this Ma truck No. EBT 1710 which was under the control of the driver Hay Abdul Hannan, suddenly went on the side on the road without slowing down its speed. Due to this sudden change, there was a great jerk and as a result of this Abdur Rafique fell down on the ground. The driver Adul Hannan put the brake in operation thereafter and was coming of…

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