Law:

Section:

(a) Fatal Accidents Act (XIII of 1855)-------S. 1---Fatal accident---Suit for compensation---Defendant had denied the allegation that deceased was hit by the wagon driven by him, but stated that deceased was hit by a car driven by a foreigner---Defendant could not prove his claim by producing independent and reliable evidence---Once the defendant had pleaded that deceased was not hit by his vehicle, but by another' one, he had taken upon himself burden to prove such fact by independent and reliable evidence, which he had failed to do, despite accident took place on a busy road where at the time of accident the place of the accident was surrounded by many pedestrians---Defendant had also failed to give particulars of other car which allegedly had caused the accident--­Plaintiffs, in circumstances, had proved their case against the defendants. Mrs. Gut Bano v. Muhammad Ramzan and another 1982 CLC 120 and KW&SB v. Mirza Qasim Baig H.C.A. No.67 of 2000 ref. (b) Fatal Accidents Act (XIII of 1855)--- ----S. 1---Fatal accident---Suit for compensation---Acquittal/punishment of defendant driver which allegedly had caused the accident would not have any bearing on the outcome of the cases under Fatal Accidents Act, 1855--- Determination of guilt in criminal cases would not have any value before the Civil Court in adjudicating civil matters. (c) Fatal Accidents Act (XIII of 1855)--- ----S. 1---Fatal accident---Suit for compensation---Plaintiffs having proved their case against defendants, suit was decreed and amount of compensation was awarded to plaintiffs keeping in view the health, age and earning capacity of the deceased. JUDGMENT This is a suit for recovery of Rs.15,00,000 filed by the plaintiffs who are legal heirs of deceased Younus Masih under the provisions of Fatal Accidents Act, 1855. Briefly the facts of the case are that on 27-1-1985 the defendant No.2 while driving Wagon bearing No.132-365 in a rash and negligent manner on Shahra-e-Faisal when reached near Horse Shoe Restaurant, Baloch Colony dashed the deceased Younus Masih standing by the side of the road. Consequently, the deceased got fatal injuries and died. It is the case of the plaintiffs that at…

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