| Citation(s) |
|---|
| 1981 SLG 3368 = 1981 SLD 3368 = 1981 CLC 944 |
Court of Special Judge, Karachi
Suit No. 222 of 1977, decided on 12th March, 1979.
Presented By: Naimuddin, J
K. B. Bhutto for Plaintiffs. Riazul Hasan for Defendant No. 3.
Suit No. 222 of 1977, decided on 12th March, 1979.
Presented By: Naimuddin, J
K. B. Bhutto for Plaintiffs. Riazul Hasan for Defendant No. 3.
Mst. WARKHEMA AND 4 OTHERS---Plaintiffs
VERSUS
ABDUL RASHEED AND 2 OTHERS---Defendants
Law: Fatal Accidents Act (XIII of 1855)
Section: 1, 2
Law: Insurance Act (IV of 1938)
Section: 46
(a) Fatal Accidents Act (XIII of 1855) Ss. 1 & 2-Fatal accident-Suit for damages--Owner and driver of bus not choosing to contest suit-Counsel 'for Insurance Company not desiring to cross-examine attorney of plaintiff-Fact of deceased having died due to accident caused by rash and negligent driving of bus by defendant driver, held, stands proved. (b) Fatal Accidents Act (XIII of 1855) Ss. 1 & 2-Fatal accident - Compensation - Assessment of Deceased earning Rs. 600 p. m. and spending Rs. 500 p. m. on maintenance of his wife and children, plaintiffs-Deceased having been in good health ' would have lived, according to normal expectancy of life in Pakistan, for another 20 years and would have earned total sum of Rs. 1,44,000 out of which he would have spent Rs. 1,20,000 on maintenance of plaintiffs-Deceased would similarly have ordinarily maintained his children, plaintiffs 2 to 5, for about 10 years, 11 years, 14 years and 15 years respectively according to their ages-Deceased alleged to have been spending Rs. 200 p. m. on his wife and Rs. 75 each on all his children numbering four-Plaintiff No. 1 accordingly held entitled to compensation of…