Law: Qanun-e-Shahadat (10 of 1984)

Section: 128,129,71

Law: Fatal Accidents Act, 1855

Section: 1

(a) Qanun-e-Shahadat (10 of 1984) ---.--- ---.--- -Arts. 128 & 129 ---.--- Legitimacy of child ---.--- Presumption ---.--- Normally, individuals are not permitted to dispute a claim of 'lawful marriage' by two competent persons unless they prima facie show existence of reasons prejudicing their rights under such claim ---.--- Burden is always upon the person to prove, who denies or disputes the relation. (b) Fatal Accidents Act (XIII of 1855) ---.--- ---.--- -S. 1 ---.--- Qanun-e-Shahadat (10 of 1884), Arts. 117 & 120 ---.--- Fatal accident ---.--- Onus to prove ---.--- Principle ---.--- Onus of probandi stands shifted upon defendants, in either situation where they deny negligence or take specific plea of not causing accident. Mst. Sakina v. National Logistic Cell 1995 MLD 633 and Pakistan Steel Mills Corporation v. Malik Abdul Habib 1993 SCMR 848 rel. (c) Qanun-e-Shahadat (10 of 1984) ---.--- ---.--- -Art. 71 ---.--- Oral evidence ---.--- Scope ---.--- When a witness does not claim to be an eye-witness of incident, legally his words in respect of fact in question cannot be believed nor considered within the meaning of Art.71 of Qanun-e-Shahdat, 1984, which directs that oral evidence must in all cases whatever be direct. (d) Fatal Accidents Act (XIII of 1855) ---.--- ---.--- -S. 1 ---.--- Fatal accident ---.--- Damages, recovery of ---.--- Son of plaintiffs died in road accident due to rash and negligent driving of defendant ---.--- Validity ---.--- Deceased died at the age of 20 years and had surmounted his teenage and joined practical life ---.--- High Court took the age of deceased for compensation/damages as 'seventy years' ---.--- Deceased was a skilled computer embroidery designer and was earning Rs.15,000 per month i.e. Rs.500 per day ---.--- High Court accepted the earning as the same matched with quantum of minimum wage ---.--- Defendants were jointly and severally liable for the tort in question and were liable to pay such amount to plaintiffs ---.--- Suit was decreed accordingly. Ghazala Tehsin Zohra v. Ghulam Dastagir Khan PLD 2015 SC 327; Pakistan Steel Mills Corporation Ltd. Karachi and others v. Ehteshamuddin Qureshi 2005 SCMR 1392 and…