Law: Fatal Accidents Act, 1855

Section: 1 , 129

  Fatal Accidents Act (XIII of 1855)--- ----S. 1---Qanun-e-Shahadat (10 of 1984), Art. 129, illus. (g)---Cause of death of deceased disputed---Defendant's version whereby they sought their exoneration remained unsubstantiated by documentary evidence although they could have produced those documents which were in their possession---Such evidence having been withheld by defendant without sufficient explanation, legal presumption would be that had such evidence been produced same would have been unfavourable to it. Zakaullah Khan v. Muhammad Aslam 1991 SCMR 2126; M. Monir's Commentary on Evidence Act, S. 91 and Pakistan Steel Mills Limited v. Abdul Habib 1993 SCMR 848 ref. Qanun-e-Shahadat (10 of 1984)--- ----Art. 122---Fact within special knowledge of a person---Proof---Burden of proof would be on that person who had special knowledge of that fact. Pakistan Steel Mills Corporation v. Abdul Habib 1993 SCMR 848 and Kamina v. Al-Amin Goods Transport Agency 1992 SCMR 1715 ref. Fatal Accidents Act (XIII of 1855)--- ----S. 1---Death caused to deceased by burns while on duty in employer's (defendants') factory---Defendants admittedly having not adopted safety measures to avoid   such accidents were liable to pay compensation on death of deceased to his heirs---Deceased being 48 years of age was expected to live 22 years more---Income of deceased was worked out for 22 years and out of that total amount 1/6th income was deducted being expenses of deceased himself-- Rest of the amount was apportioned between heirs of deceased while minor's shares were invested in long term profit scheme. Fatal Accidents Act (XIII of 1855)--- ----S. 1---Death of deceased caused by negligence of defendants---Plaintiff (wife) and legal heirs being entitled to loss of association to consortium, specified amount claimed by heirs was granted as compensation for loss of association and consortium. Abdulkadar Ebrahim Sura and another v. Kashinath Moreshwar Chandani and others AIR 1968 Born. 267 ref. Words and phrases--- ---- Word '.'Consortium'---Meaning dilated upon. Motor Vehicles Act, 1988 by Dr. G.S. Karkara, 1990 Edn., p.282 ref. Nasir Maqsood for…