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Petitioner: MUNICIPAL COMMITTEE SHIKARPUR VS Respondent: PIR FEROZE AHMAD
1988 P L C 82
1988 P L C 82
[Labour Appellate Tribunal Sind]
Present: Ali Nawaz Budhani, Appellate Tribunal
MUNICIPAL COMMITTEE SHIKARPUR
versus
PIR FEROZE AHMAD
Appeal No.WCS‑4 of 1986, decided on 18th December, 1986.
Workmen's Compensation Act (VIII of 1923)‑‑
‑‑‑S.30 & Sched. IV‑‑Compensation‑‑Disability‑‑Respondent filing his affidavit in ex‑parte evidence and Commissioner for Workmen's Compensation and Authority under Payment of Wages Act allowing 80$ disability compensation to respondent worker who was getting a salary of 612 per month‑‑Order of Commissioner awarding compensation to worker maintained.
Shabroze Ahmad for Respondent.
Nemo for Appellant.
Date of hearing: 18th December, 1986.
DECISION
This is an appeal under section 30 of Workmen's Compensation Act, 1923, filed by the appellant, Municipal Committee, Shikarpur, against an impugned order, dated 23‑1‑1986, passed by Commissioner Workmen's Compensation and Authority under the Payment of Wages Act, who allowed a compensation to the tune of Rs.16,800 to the respondent, namely, Pir Feroze Ahmed.
2. Brief facts of the case are that the respondent was employed as Lineman under the appellant Corporation and while on duty as usual on 18‑6‑1986, he went to change bulbs along with Muhammad Ibrahim lemon, Helper and while performing duty, fell down from Electric pole and sustained serious injuries i.e. two fractures in left arm, injuries in right arm and at various parts of body. The respondent was thereafter immediately admitted in R. B. U. T. Hospital Shikarpur and remained there under treatment for three days and then the respondent preferred private treatment and the Doctor had then advised the respondent for consultation with Specialist at Karachi. The respondent after getting Medical Certificate from R.B.U.T. Hospital, Shikarpur and claimed a compensation worthed Rs.21,000.
3. The appellant Corporation did not resist the appeal though it had been several times served upon to do so.
3. The respondent filed his affidavit in ex parte evidence. Then, the learned Commissioner for Workmen's Compensation and Authority under the Payment of Wages Act had allowed 80$ disability to the respondent. As the respondent was getting Rs.612 per month as his A salary, therefore, under schedule IV of the workmen's compensation Act, 1925, he awarded a compensation of Rs.16,800 (Rupees sixteen thousand eight hundred only). I would also allow this compensation amount to the respondent.
4. For the above reasons, I see no reason to interfere with the impugned order and would maintain the same. The appeal is accordingly dismissed. The Commissioner for Workmen's Compensation and Authority under the Payment of Wages Act for Railways Shikarpur and Larkana B District Sukkur is directed to make payments of Rs.16,800 to the respondent, Pir Feroze Ahmad within thirty days of this decision.
M.Y.H./1017/Lb.S
Appeal dismissed.