| Citation(s) |
|---|
| 2023 SLG 1500 2023 CLC 1008 2023 SLD 1500 |
Sindh High Court
Suit No.858 of 2008, decided on 30th November, 2022.Date ofhearing: 10th November, 2021.
Before Zulfiqar Ahmad Khan, J
Farrukh Usman and Ms Shanzeh Junaid for Plaintiff.Ghulam Mohiuddin, Assistant Attorney General along with Lt. Cdr. M. Hussain and Lt. Arshad from Pakistan Navi are also present for Defendants.
Suit No.858 of 2008, decided on 30th November, 2022.Date ofhearing: 10th November, 2021.
Before Zulfiqar Ahmad Khan, J
Farrukh Usman and Ms Shanzeh Junaid for Plaintiff.Ghulam Mohiuddin, Assistant Attorney General along with Lt. Cdr. M. Hussain and Lt. Arshad from Pakistan Navi are also present for Defendants.
Mst. BASHIRA BIBI---PlaintiffVersusFEDERATION OF PAKISTAN through Secretary, Ministry of Defence and others---Defendants
Law: Fatal Accidents Act, 1855
Section: 1
(a) Administration of justice--- ----Civil liability---Acquittal in criminal case---Effect---Exoneration from charge in a criminal case is not of any relevance while determining civil liability in civil case. Deputy Inspector-General of Police, Lahore v. Anis-ur-Rehman Khan PLD 1985 SC 134 rel. (b) Fatal Accidents Act (XIII of 1855)--- ----S.1---Suit for recovery of damages---Fatal accident---Expectancy of life---Quantum---Determining factors---Plaintiffs sought recovery of damages for the death of their predecessor-in-interest caused due to rash and negligent driving of a vehicle driven and owned by defendants---Validity---Factum of death of predecessor-in-interest of plaintiffs was admitted fact---Liability of such gross wrongful act fell on defendants---Claim of damages was maintainable under Fatal Accidents Act, 1855---Deceased was 52 years old man, his nature of business was business of dates and simultaneously indulging in business of import/export of dates---Longevity in family of deceased had established life expectancy of 75 years---Deceased could also have lived for another 23 years approximately, therefore, the claim of awarding damages of Rupees 1,25,00,000/- was justifiable and the same was granted---Suit was decree accordingly. Muhammad Yaseen v. Medicare Clinic Ltd., 1988 CLC 139; Punjab Road Transport Corporation Lahore v. J.V. Gardner and 2 others 1998 CLC 199; Mst. Zainab Bibi v. Mst. Bilqees Bibi PLD 1981 SC 56; Karachi Transport Corporation v. Muhammad Hanif 2009 SCMR 1005; Mazhar Ali v. Avenue Owners/Occupants Welfare Association 2020 MLD 257; Rahim Ali Palari v. Government of Sindh through Secretary, Ministry of Transport 2020 MLD 1393; Dr. Naheed Fatima v. Pakistan International Air Corporation (PIAC) 2019 MLD 606; Mst. Muqaddas v. Karachi Electric Supply Corporation Ltd. 2018 MLD 1054; Mohammad Sarwar v. Government of Sindh 2018 PLD 360; Mst. Anila Jalees v. Driver Shakurullah 2018 MLD 1299; Muhammad Razi v. Karachi Electric Supply Corporation 2017 PLD 634; Haq Nawaz v. Malik Muhammad Sher 2017 CLC N 152; Shama Norin v. Karachi Transport Corporation 2017 YLR N 451; Hina Ghori v. National Logistic Cell 2016 YLR 1797; Islamic Republic Of…
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