Law: Constitution of Pakistan, 1973

Section: 9,24,199

Negligence---.--- ---.----Death by negligence---.---Accidental air strike---.---Compensation---.---Scope---.---Petitioners sought recovery of compensation for deaths and damages caused by accidental air strike by an aircraft of Pakistan Air Force---.---Validity---.---Death certificates and medical reports of all injured were available on file and were not touched by anyone which affirmed the stance of petitioners and it went un-rebutted---.---When deaths/injuries/collateral damages were established on record, then by keeping in view guaranteed Constitutional and Fundamental Rights, legal heirs of all deceased, as per available record, who suffered injuries and collateral damage of their houses were entitled for compensation---.---High Court directed Federal Government to pay compensation amount to true legal heirs of each deceased, injured and for damages caused due to the incident---.---Constitutional petition was allowed in circumstances. Qabal Shah v. The Federation of Pakistan and others W.P. No. 1014 of 2011 fol. THIS JUDGMENT DELIVERED BY: MAZHAR ALAM KHAN MIANKHEL, CHIEF JUSTICE:---.--- Through instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioners Khan Asghar and Hussain Asghar, have asked for issuance of a writ that respondents be directed to release/allow/grant them compensatory amount for loss of lives and bodily injuries sustained by inmates of their houses and the damage caused to their residential houses, due to aircraft strike of Pakistan Air Force. 2. It is averred in the petition that on 11.06.2009 at 09/10 hours, the Aircraft of Pakistan Air Force while targeting their houses with missiles, caused death of six inmates, serious bodily injuries to eight inmates of their houses and collateral damage to their residential houses and household articles lying therein. The petitioners approached respondents Nos.5 to 11 for redressal of their grievance by demanding compensation under "Shuhada Package", but the same was refused, hence, this petition. 3. Respondents were put on notice, who submitted their respective comments, admitting therein the incident but denied the claim of the petitioners on the…

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