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Petitioner: DIVISIONAL SUPERINTENDENT, PWR VS Respondent: KHADI KHAN
Court Name: Labour Appellate Tribunal Judge(s): Ghulam Rasool K. Sheikh Title: DIVISIONAL SUPERINTENDENT, PWR vs KHADI KHAN Case No.:Miscellaneous Appeal No. 25 of 1970 Appeal No. WCK-72 of 1975 and Civil
Miscellaneous Anpeal No. 43 of 1973 Date of Judgment:1975-06-24 Reported As: 1975 PLC 730 Result: N/A Judgment DECISION This is an appeal under section 30 of the Workmen's Compensation Act against the order of the Commissioner awarding compensation to the respondent. 2. The respondent was in the employment of the Pakistan Railway. He sustained injuries. He received treatment in the Railways Hospital for 2\ months. Subsequently he obtained a certificate, from Dr. Aftab Ahmed Qureshi to the effect that he had suffered permanent paitial disability to the extent of 25 %. On the basis of this certificate he filed the claim. The . appellant resisted claim and pleaded that the respondent did not suffer any ' disability and he was still in service drawing the same salary. 3. Evidence was recorded. The respondent examined Dr. Aftab Ahmed Qureshi while the appellant examined Dr. Syed Muhammad Ehtisham to refute the certificate issued by the former doctor. The learned Commissioner accepted evidence of Dr. Aftab Ahmed Qureshi and awarded the compensation. 4. The question whether the evidence of one doctor should be accepted in preference to the other is a question of fact and cannot be assailed B