Law: Fatal Accidents Act, 1855

Section: 1

Fatal Accidents Act (XIII of 1855)--- ----S.1---Fatal accident---Suit for compensation---Plaintiffs who were legal heirs of the deceased who died in fatal accident, had alleged that accident in which deceased had died, had taken place due to rash and negligent driving. of driver of the Truck in question, owned by defendants---Occurrence of the accident and death of five persons resulting from the accident had not been denied by the parties---Burden heavily lay upon the defendants to prove that the accident which resulted in death of five persons, was not due to their negligence, but due to negligence of the deceased persons---Defendants had failed to discharge the burden that accident was not caused due to the negligence of the driver---Counsel for the driver, though undertook to file written synopsis within three days, but had failed to file same---Even witness of the defendants in his statement did not deny that accident took place due to rash and negligent driving of the truck---Doctrine of `res ipsa loquitur' was attracted to the facts of the case---Defendants failed to bring on record any tangible evidence to show that the accident was not caused due to their negligence---Suit filed by the plaintiffs having rightly been decreed by the single Judge " of the High Court, High Court Appeal was accordingly dismissed. Akhtar Ali Khan v. Islamic Republic of Pakistan 2007 MLD 851 and Pakistan v. Haji Abdul Razzak 2005 SCMR 587 ref. THIS JUDGMENT DELIVERED BY: KHILJI ARIF HUSSAIN, J.--- Being aggrieved and dissatisfied by the judgment and decree passed by the learned Single Judge of this Court in Suit No.264 of 1995, decreeing the suit of the respondents, filed under Fatal Accidents Act, the appellant preferred this appeal. Brief facts for the purpose of deciding the appeal are that on 16-6-1994 at 1700 hours appellant, No.3 during the course of the employment of appellants Nos. 1 and 2, while driving Truck No.062-656, when reached opposite Colony Graveyard, the truck due to rash and negligent driving became out of control of appellant No.3, mounted on the middle footpath and even after crossing the same, went on the other track meant for movement of traffic from…

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