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Appeal No. WCK‑3 of 1985, heard on 26th January, 1986.

‑‑‑Ss. 10 & 30‑‑Compensation‑‑Driver deputed to carry officers of Establishment in car to their homes‑‑Death of Driver caused due to jerks on account of uneven road resulting in Heppovotamatic as certified by medical report‑‑Death, held, was due to mishap during duty‑ Compensation awarded by Commissioner to heirs of deceased Driver upheld in appeal.

Ch. Rasheed Ahmed for Appellants.

Ibne Ayub for Respondent.

Date of hearing: 26th January, 1986.

This is an appeal against the order of Commissioner for Workmen's Compensation and Authority under the Payment of Wages Act, Malir, Karachi, who by his order, dated 21‑7‑1985, directed the Textile Winding Machinery Company Ltd. Karachi, to deposit Rs.15,000 and the same be given to the legal heirs of the deceased, namely, Niaz Muhammad. This order was appealed against by the appellants, Textile Winding Machinery company Limited, Karachi.

2. The facts that give rise to the appeal are that the deceased, Niaz Muhammad, aged only about 27 years was on duty and drove the car belonging to Textile Winding Machinery Company Ltd, in which two gentlemen of the establishment were sitting. When the car had reached the Subzimandi, it encountered ditches and depression of the ground with the result that the driver felt uneasy and stopped the car. The driver immediately was out to catch fresh air but he omitted blood. He was then taken to Liaquat National Hospital, Karachi, where he was admitted in Emergency Ward. He had gone in the meantime where he complained weakness in his legs. The case was handled by the two Doctors, namely, Dr. Moizuddin Consultant Surgeon and Dr. Fida Hussain, R.M.O,. The stomach of the deceased was opened but unfortunately due to the excess of bleeding, he died. His widow Mst. Amina Bibi filed a case for compensation against the establishment and compensation of Rs.15,000 was awarded by the Commissioner for Workmen's Compensation and Authority under the Payment of Wages Act.

3. The matter was argued by Mr. Ch. Rasheed Ahmed, the learned Advocate for the appellants and Mr. Ibne Ayub, the learned representative for the respondent widow.

4. Following questions need discussion:‑

(a) Whether the deceased was driving the car on duty

(b) Whether died due to mishap which happened during his duty; and

(c) Whether the compensation granted to the widow was legal

4. I have seen the record. The evidence of two witnesses were of Nazar Muhammad and Rasheeduddin both officers of the establishment who were being taken in the car to their homes. Evidence of Rasheeduddin suggests that there were jerks and shocks on the road which was not smooth and after negotiating those jerks the driver felt uneasy and the car and began vomitting. The driver had no ailment or any disease before driving the car. At the hospital he was attended by two Doctors. Dr. Fida Hussain, R.M.O.; who had 3 years experiences only, had tried to give him the medicines but since he did not recover, his stomach was opened and there was found one tear in the junction of Gestro Cosophageal and stomach and a suture was given to the junction at two different places.

5. It is clear that the Medical Officer and the Surgeon detected one tear in between the stomach and Gestro Cosophageal, therefore, the patient suddenly vomitted blood. How this tear was caused Dr. Moiz's evidence is that "it is correct that vomitting might have been caused by accident or by jerk or shock". The picture becomes clear that the deceased drove the car through the ditches and suffered jerks, which caused the internal damage. The cause of tear is bursting of something, like ulcer, due to the jerks.

6. The cause of death as shown by the Doctors is Heppovotamic. Heppovotmic, according to the Medical Dictionary means "abnormally decreased volume of 'circulating fluid (plasma) in the body‑pertaining to or characterized by hympvolemia". This is a general term applied of B the exertion or excess bleeding but the real reason which is evident from the evidence that had come on record that the deceased suffered tear due to jerk shock and by reason of vomitting causing the death. It may be Peptic Ulcer which bursted which cause death of the deceased. But, this death was caused by the driving on uneven ground.

7. I am of the opinion that the death was caused by driving of the car on uneven jerky road.

8. To answer the' issues framed by me is that the car was driven by the deceased in the course of his duty and there is evidence to show that the road was uneven and jerky and there is enough evidence to prove that he died due to the tear caused in stomach. Therefore, the third issue is automatically answered that the compensation was quite legal and his widow deserves the compensation.

9. I, therefore, dismiss this appeal and order that the compensation of Rs.15,000 (Rupees fifteen thousand) be immediately disburses' to the legal heirs of the deceased.

A.E. Appeal dismissed

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