Case Details

Citation(s)
2009 SLG 721 2009 SLD 721 2009 MLD 41
Sindh High Court
C.M.A. No. 10228 of 2007 in Suit No. 1346 of 2003, decision Dated: 15-04-2008.
KHALID ALI Z. QAZI, JUSTICE
Petitioner(s) by: None present

MST. FARIDA NAEEM

VS

BAHADUR KHAN AND 2 OTHERS

Law: Fatal Accidents Act, 1855

Section: 1

Law: Civil Procedure Code (V of 1908)

Section: 151

Fatal Accidents Act (XIII of 1855)--- ----S. 1---Civil Procedure Code (V of 1908), S.151---Fatal accident--Suit for recovery of amount of compensation---Attachment of vehicle---Reduction in surety amount---Application for---Defendant/the driver of the bus in question filed application for reducing the surety amount from Rs.10,00,000 to Rs.1,00,000 to enable him to get the bus released and earn his livelihood---Validity---Surety amount was quite high and defendant driver could not arrange such huge amount of surety---Since the attachment of the bus, it had not been properly maintained and the value of the bus thus had gone considerably low---All the tyres of the bus had worn out and the body and parts of the bus had become rusty and due to such attachment defendants had lost their earning and incurring loss and, damages---Amount of surety, in circumstances, was reduced to Rs.2,50,000 from Rs.10,00,000, accordingly. THIS ORDER PASSED BY: KHALID ALI QAZI, J.--- This matter has been called twice during earlier part of the day, but was kept aside due to the absence of learned counsel for the plaintiff. It is now 12.22 noon. Nobody is present on behalf of the plaintiff nor any intimation has been received. This is an application under section 151, C.P.C. for reducing the surety amount from Rs.10,00,000 to Rs.1,00,000 to enable the defendant No.2 to get the bus released and earn his livelihood. Learned counsel submits that the Bus No.1158…
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