| Citation(s) |
|---|
| 1981 SLG 3291 = 1981 SLD 3291 = 1981 CLC 1166 |
Court of Special Judge, Karachi
High Court Appeal No. 31 of 1981, decided on 4th May, 1981.
Presented By: Ajmal Mian and Z. C. Valliani, JJ
M.O. Dastgir for Appellant.
High Court Appeal No. 31 of 1981, decided on 4th May, 1981.
Presented By: Ajmal Mian and Z. C. Valliani, JJ
M.O. Dastgir for Appellant.
SIND ROAD TRANSPORT CORPORATION-Appellant
VERSUS
JAFFAR Ali AND 3 others----Respondents
Law: Fatal Accidents Act (XIII of 1855)
Section: 1, 3
Law: Evidence Act (I of 1872)
Section: 137, 138
Law: Civil Procedure Code (V of 1908)
Section: O. VIII r. 2
(a) Fatal Accidents Act (XIII of 1855) S. 1--Fatal accident-Contributory negligence-Bus driven in rash careless and negligent manner dashing from behind against bicycle ridden by deceased and his companion-Held, mere fact of deceased having been sitting on cycle frame and not driving himself would not disentitle deceased's parents to maintain suit. (b) Fatal Accidents Act (XIII of 1855) Ss. 1 & 3-Damages---Computation-Held, Court has discretion to compute amount of damages on basis of life expectancy of parents (claimants).-.[Damages]. (c) Fatal Accidents Act (XIII of 1855) S. 1-Damages-Computation-Deceased aged 14 years and study ing in Class VII at time of accident-Single Judge deducting estimated amount of expenditure on deceased's education from assessed quantum of damages--Held, in such case calculation of damages…