Case Details

Citation(s)
1999 SLD 886 = 1999 CLC 1833
Sindh High Court
 Suit No.522 of 1989, decided on 10th December, 1997,
Presented By: Before Rana Bhagwan Des, J
Nasir Maqsood for Plaintiffs. . Badruddaja Khan for Defendant No, 1.

WAJID and another---Plaintiffs

VERSUS

GOVERNMENT     OF     PAKISTAN,                                 MINISTRY                                 OF DEFENCE

Law:

Section:

Fatal Accidents Act (3(111 of 1835)... -------S. 1   Suit for compensation==-Legal heirs of deceased who had died as a consequence of crash of an air craft belonging to defendants, had filed suit for recovery of amount of compensation- -Separate suits filed by respective legal heirs of different deceased persons in identical circumstances wore heard and were decreed in different amounts with costs and interest Both plaintiffs and defendants consented to consider evidence of defendant recorded in other suits flied by respective legal heirs of different deceased persons=-,Age and earning of deceased as claimed and asserted by plaintiff/legal heirs of deceased having been proved, suit filed by plaintiff/legal heirs of deceased was decreed accordingly and amount of compensation was distributed among legal heirs of deceased accordingly. Nasir Maqsood for Plaintiffs. . Badruddaja Khan for Defendant No, 1. Date of hearing; 5th December, 1997. JUDGMENT, This is the suit for recovery of Rs. 10,00,000 Under the Vital Accidew4 Act against the Federation of Pakistan end Pakistan Air Force owing is the accidental death of deceased Muhammad Aslam   aged about 51 years oft on about 6-7-1985 as a consequence of air crash of an tilt craft belonging to the defendants within the local limits of S.1.T.E. Police Station. It is the case of the plaintiffs who were minor son and daughter respectively of the deceased on the date of suit and are major by now that the death was caused by falling of one of the air craft of the defendants during its flying negligently and without due care. It is further, averred that the defendants committed act of negligence, default, lack of prudence and reasonable foresight in flying the air craft over the populated area knowingly and deliberately in a reckless and negligent manner. It is also urged that the air craft was either defective or the pilot who was flying the said air craft did not pilot and fly the said air craft with due care, prudence, diligence and acted with negligence and default causing serious loss of lives of people; that the death of the deceased was caused by actionable wrong, wrongful act, negligence, default,…
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