Law: Motor Vehicles Act, 1939

Section: Ss. 95 & 96-A

(a) Tort-   Master and servant-Death resulting from rash and negligent driving of bus by servant-Liability of master for damages.   (b) Motor Vehicles Act (IV of 1939),   Ss. 95 & 96-A getting his bus insured-Transfer of bus to B subsequently-Policy of insurance not transferred to B-Insurance company not liable to pay damages to B in case of accident.   Mst. Bashir Begum v. Muhammad All P L D 1960 Kar. 785 ; Peters v. General Accident Fire and Life Assurance Corporation Ltd. 1938 (2) All E R 267 and 1937 (4) All E R 628 ref.   (c) Damages-Quantum-   Death of plaintiff's sons in accident Damages cannot be awarded on basis of expectation of life of deceased-Assessment of damages for period for which plaintiff is expected to live-Income of deceased to be taken into consideration in calculating damages.   (d) Fatal Accidents Act (XIII of 1855),   Ss. 1 & 4-Brother, widow, and children of deceased-Not beneficiaries of deceased directly.   JUDGMENT   This is a suit under the Fatal Accidents Act by Mst. Hamida Begum, the widowed mother of Muzaffar Husain Khan who was killed in an accident on 8-2-57 having been run over by bus No, KAP 2721 at the foot of the, bridge near Lasbela House, Lawrence Road, Karachi while he was standing waiting for a bus on the Kutcha portion of the road for going to attend his office. It is alleged that the accident was caused due to the rash and negligent driving of the defendant No. 5, Saghir Beg, the driver of the bus, who was prosecuted under section 304-A, P. P. C., for having caused the death of the said Muzaffar Husain and was convicted and sentenced to 2 years' rigorous imprisonment. It was further alleged that the bus was registered in the name of defendant No. 1, Sulemah Jan, at the material date but it was further learnt that the defendant No. 2, Muhammad Shariff Chouhan, was also connected with the ownership of the bus and that it was being run under the care and control of defendant No. 3, Abdul Hamid. The said Muzaffar Husain, it was stated, was in the prime of his youth being 27 years of age ; he was employed as shift foreman in the power house of Dalmia Cement…