Law:

Section:

(a) Fatal Accidents Act (XBI of 1855)-------S. 1---Fatal accident---Suit for compensation---Suit could be filed by any one of the legal heirs of the deceased by showing other legal heirs as beneficiaries and even if all the legal heirs were not impleaded as plaintiffs the suit still would be competent by virtue of S.1 of Fatal Accidents act, 1855. (b) Fatal Accidents Act (XIII of 1855)--- ----S. 1---Fatal accident---Suit for compensation---Plaintiff had alleged that tractor which caused accident was being driven rashly and negligently by the defendant driver who was an employee of the other defendants---Defendants who denied allegations of plaintiff had contended that motorcycle was being driven rashly, negligently and with high-speed by the deceased which resulted in an accident---Defendants had failed to prove their version of such accident satisfactorily---Once the accident was admitted the presumption of negligence would arise and moreso when the defendants would give their own version of accident which was different from the version given by the plaintiffs then, the burden would shift upon the defendants to prove the case---Defendants having failed to discharge their burden of proving their version suit w reed accordingly. (c) Fatal Accidents Act (XIII of 1855)--- ---Fatal accident---Suit for compensation---Evidence of defendants which was beyond the pleading, was liable to be ignored as party could not be allowed to prove which he had not alleged---Between cyclist and a driver of the bus the responsibility of the driver of the bus to use care and diligence was greater---Duty to use care would increase proportionately with the danger involved in dealing with the particular type of vehicle---Evidence of driver was of no consequence being an interested witness unless supported by independent evidence to corroborate the same---Suit was decreed and amount of compensation was determined keeping in view the health and earning capacity of the deceased. JUDGMENT The plaintiff being widow of deceased Muhammad Shafiq has filed the above suit for recovery of Rs.35,20,000 under Fatal Accidents Act, 1855. Briefly the case of the plaintiff is that on 7-8-1990 at about…

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