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Appeal No. MN-5 of 1983, decided on 29th February, 1984.
-- S. 30-Workman employed on Bus-Claiming compensation for injury caused in accident-Ownership of Bus at time of accident disputed and person stated to be owner not impleaded as party-Doctor's certificate not indicating loss of earning capacity-Order of Commissioner granting compensation, in circumstances, set aside in appeal and case remanded for redecision after impleading necessary parties, opportunity of evidence to parties and production of requisite medical certificate.
Main Muhammad Yasin for Appellant.
Respondent in person.
Date of hearing : 27th February, 1984.
The appeal captioned above has been lodged under section 30 of the Workmen's Compensation Act against the order, dated 8th March, 1983 passed by the learned Commissioner granting Rs. 15,000 as compensation for injury to the leg of the respondent.
2. It has been argued that on the date of the accident the bus in question belonged to Ali Muhammad and was purchased by the appellant afterwards, therefore, the appellant could not be burdoned to pay the compensation. Such an objection had been raised in the written statement but Ali Muhammad was not impleaded as party. The appellant did not produce original or legible certified copy. Exh. D-1 photostat but cannot be satisfactorily read. The other objection is that the doctor was not examined to prove the loss of earning scapacity. Certificate Exh. P. 2 does not give the loss of earning capacity. It does not say that the leg had become totally useless. It only recommends rest. The case, therefore, needs further probe after impleading Ali Muhammad as, party.
3. As a result, the appeal is accepted and setting aside the impugned order of the learned Commissioner, the case is remanded for redecision after impleading Muhammad Ali as party and after affording proper opportunity to the parties to produce evidence. The respondent shall produce certificate with regards to the disablement.
A. E.
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