Law: Fatal Accidents Act, 1855

Section: 1 ,2

Law: Moor Vehicles Act (IV of 1939)

Section: 92 (2)

JUDGMENT

This is a suit for the recovery of Rs. 65,600 as damages under sections 1 and 2 of the Fatal Accidents Act, 1885. The facts leading to the filing of the above suit as disclosed in the plaint, are that the plaintiffs Nos. 1 and 2 are father and mother respectively, of the deceased Mohammed Farooque son of Mohammed Siddik, who died as a result of an accident on 7-4-72 in the Civil Hospital, Karachi. It has been averred that the defendant No. 1 had caused the accident due to rash and negligent driving of the Toyota car belonging to the defendant No. 2 at about 8 a.m. on 4-4-72 as a result thereof Mohammed Farooque son of Siddik died. It has also been averred that the said car was insured with the defendant No. 3. It has been further averred that the deceased was working as a supervisor in the Dada Soap Factory Ltd. Site, Karachi and that on 4-4-72 at 8 a.m. the deceased was crossing the road in front of the Dada Soap Factory. It has also been averred that the defendant No. 1 while going towards the city in high speed caused the accident due to his rash and negligent driving of the above car. It has also been averred that on account of the above accident the wind screen on the front side of the said car was completely damaged and that the deceased struck the bumper and engine and as a result of the impact he was thrown over the wind screen and that when the defendant No. 1 applied the brakes of the car the deceased fell about 15 ft. away passing over the roof of the aforesaid car. It has further been averred that the deceased with some other workers was taken to the Civil Hospital by the defendant No. 1 in his aforesaid Car. It has also been averred that the defendant No. 1 is said to be a doctor working in the Dow Medical College and in collusion with C. M. O. Civil Hospital, Karachi such injunction was administered that the internal injury of the deceased became less painful. It has also been averred that the deceased was admitted in the Hospital as an indoor patient on bed No. 31 in Orthopedic department on 4-4-72 and that his condition deteriorated day by day and as a result thereof he died on 7-4-72. It has also been averred that the deceased left behind the plaintiffs as the beneficiaries being the parents of the deceased. It has also been asserted that at the time of the death, the age of the deceased was 25 years, and he possessed sound health and good physique and that he was earning Rs. 200 per month by working as a Supervisor in the aforesaid factory. The plaintiffs have claimed a sum of Rs. 65,600 on the basis of calculating the total earning for a period of 41 years at the rate of Rs. 200 per month minus 1/3rd income on account of personal expenses.