Law: Carriage By Air (International Convention) Act, 1966

Section: 17,22,25, Schedule-II,R.5(2),20

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

Section: 117,120,122

Law: Pakistan Civil Aviation Authority Ordinance, 1982

Section: 3

Law: Fatal Accidents Act, 1855

Section: 1

(a) Administration of justice--- ----Wrong law, reference to---Effect---Reference to a wrong law does not affect relief/entitlement which is to be decision dated: merits and not technicalities. (b) Carriage by Air (International Convention) Act (IX of 1966)--- ----Ss. 17, 22 & 25, Schedule-II, Rr. 5(2) & 20---Fatal Accidents Act (XIII of 1855), S. 1---Qanun-e-Shahadat (10 of 1984), Arts. 117, 120 & 122---Suit for recovery of damages---Onus to prove---Predecessor-in-interest of plaintiffs died in an aircraft crash---Plaintiffs sought recovery of damages from Airline company on allegations of wilful misconduct, carelessness and negligence---Validity---Onus to prove, non-existence of liability, specially caused on account of accident not having been denied, in presence of language of R. 20 of Sched. II of Carriage by Air (International Convention) Act, 1966 and Art. 122 of Qanun-e-Shahadat, 1984, concept of no-fault liability rested with Airline---Under Carriage by Air (International Convention) Act, 1966, claimant only had to bring up his/their case and onus of proof in that regard rested with Airline to disprove same---Same would be to extent and what was within prescribed limit of 250,000 Francs as provided in S. 22 of Carriage by Air (International Convention) Act, 1966 where applicable as well as under S. 25 of Carriage by Air (International Convention) Act, 1966 for an ultimate loss, if Airline was not able to prove anything in adversity---Special law did not provide availability to Airline to contest and challenge claim other than as provided under Rule 20 of Sched. II of Carriage by Air (International Convention) Act, 1966 which stand defendant had not preferred to take for obvious reasons---Relaxation of limit as provided under S. 25 of Carriage by Air (International Convention) Act, 1966 was also found available as Airline had neither come up with its own version of accident nor report of Civil Aviation Authority was challenged---Suit was decreed accordingly. Jehanzeb Khan v. Government of Kyber Pakhtunkhwa through Chief Secretary and 14 others 2016 YLR 1832; Hazoor Bakhsh and 2 others v. Mir Nasrullah Khan 2016 CLC 1936; Muhammad Hussain and others v.…

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