Law: Fatal Accidents Act, 1855

Section: 1

  Fatal Accidents Act (XIII of 1855)-- ----S. 1---Death caused by negligence,, default and wrongful act of defendants-- Defendants pleading deceased person's own negligence, default and wrongful act in defence---Evidence of person claiming to be eye-witness could not be successfully challenged by defendants and they having failed to produce any evidence in support of their defence, plaintiff's case that death of deceased was caused by negligent act of defendants was established on record. Qanun-e-Shahadat (10 of 1984)--- ----Art.  71---Fatal Accidents Act  (XIII  of  1855), S.1---Hearsay evidence-- Effect---Plaintiff having admitted that he himself did not see the accident, his evidence relating to accident being hearsay evidence was not admissible. Fatal Accidents Act (XIII of 1855)-- ----S. 1---Compensation on account of death caused by negligence,  default  and  wrongful  act  of defendants---Quantum of damages---Mode for determining extent of damages to be awarded---Evidence of income of deceased per mensem was proved---Plaintiffs were father and mother of deceased and legally entitled to damages for death of their son caused by negligence, default and wrongful act of defendants---Plaintiffs' age was such that he could be expected to live up to age of 70 years---They were thus, deprived of the benefit of their son's income for a period of 25 years---Compensation was worked out on the   basis of that period and plaintiffs' suit. was decreed accordingly. Fatal Accidents Act (XIII of 1855)--- ----S.  1---Civil  Procedure  Code  (V  of  1908), S.35-A---Frivolous plea raised by defendants in defence---Accident was admittedly caused by negligence, default and wrongful act of defendants---Defendants while admitting death to have been caused by vehicle owned and driven by them, defended suit on pretext of negligence and default of deceased---Such plea being without shadow of justification was set up on obviously false defence and even that defence was abandoned at trial---Plaintiffs continued to suffer for almost nine years on account of frivolous defence set up…