Law:

Section:

Fatal Accidents Act (XIII of 1855)----- -----S. 1-----Road accident-----Suit for recovery of compensation amount-----Negligence-----Burden of proof-----If defendant had taken a specific plea with regard to manner of accident while not denying the happening thereof then burden to prove would rest upon him if negligence had been put on the part of victims-----Defendants had examined only one witness who was neither one of the defendants nor he produced any power of attorney-----Defendants had not come into witness box to discharge the burden which they themselves had taken with regard to incident-----Plea of slow speed would not be sufficient to dislodge the cases of road accident rather it would rest on the point of negligence-----Mere speed alone could not result into accident but negligence of the holder of steering would result into accident-----Speed or manner of driving alone could not be considered but fitness of the vehicle and mental/physical condition of driver were also important aspects for examining the cases of road accident-----Nothing was on record to establish the mental fitness of driver at the relevant time-----Nothing had been brought on record to establish fitness of the vehicle-----No document had been produced to substantiate the skills, experience and carefulness of driver driving the vehicle which was material aspects in the present case-----Adverse inference would be drawn against the defendants who had withheld the best evidence-----Beneficiary of the vehicle would be responsible for any loss/damage if occurred during the way-----Compensation could not equate any loss but pecuniary loss would cover the expected losses of the plaintiffs-----Ordinary and middle class family would require earning of Rs. 20,000/- per month at least-----Age of deceased (who died at the age of 35 years) was taken as 'seventy year' for compensation/damage and Rs. 20,000/- per month average income of the deceased was fixed-----Compensation for the plaintiffs was fixed as Rs.20,160,000/-----High Court observed that procedural changes should be made in the relevant law including compulsory insurance for third party particularly for heavy transport and public…