THE DIVISIONAL SUPERINTENDENT, P. W. RAILWAY, QUETTA vs MIAN — 1971 PLD 23

Citation: 1971 PLD 23

Court: Balochistan High Court

Year: 1970

Decision Date: 1970-12-31

Parties: THE DIVISIONAL SUPERINTENDENT, P. W. RAILWAY, QUETTA vs MIAN JUDGMENT

Headnotes

Case cited as PLD 1971 Quetta 23

Judgment Text

Court Name: Balochistan High Court Judge(s): Dorab Patel Title:THE DIVISIONAL SUPERINTENDENT, P. W. RAILWAY, QUETTA vs MIAN JUDGMENT Reported As: PLD 1971 Quetta 23 Result: Appeal dismissed Judgment JUDGMENT DORAB PATEL, J.--In the course of his employment with the appellant, the respondent met with an accident on 7th October 1964 and fractured his left thigh bone. He therefore filed a claim for Rs, 1,908 against the appellant under the Workmen's Compensation Act, 1923 (hereafter called the said Act.) This claim included a sum of Rs, 788 for medical expenses and as the amount claimed was decreed by the Commissioner, Workmen's Compensation, Quetta (hereafter called the Commissioner), the appellant has filed an appeal which has now come up for hearing before me. 2. As the appellant had filed his claim before the Commis-sioner more than one year after the accident in which he had been injured, Mr. Muftakhiruddin's first submission was that the claim was time barred under section 10 of the said Act and, in particular learned counsel appeared to think that the Commissioner could have entertained the respondent's claim only if it had been supported by an application under section 5 of the Limitation Act, 1908. But as the Limitation Act is applicable only to suits, appeals and applications, and as the said Act does not anywhere refer to a claim before the Commissioner as a suit. Mr. Muftakhiruddin further argued that a claim under the said Act had to be treated as a suit for the…

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