Law: Fatal Accidents Act (XIII of 1855)

Section: 1

Law: Civil Procedure Code (V of 1908)

Section: 80

  Fatal Accidents Act (XIII of 1855)----S. 1 & Civil Pro cedure Code (V of 1908), S. 80-Suit filed in representative capacity under Fatal Accidents Act, 1855-Describing all other beneficiaries as plaintiffs not necessary-Notice under S. 80, C. P. C. on behalf of person filing suit in representative capacity-Proper and effective for other beneficiaries as well.   Fatal Accidents Act (XIII of 1855)-----S. I & Civil Procedure Code (V of 1908), O. I, r. 10-Suit-Mere misdescription of defendant-Court competent to make necessary correction regardless of question of limitation-Plaint in suit as originally filed under Fatal Accidents Act, 1855 not containing names of all beneficiaries of deceased-Addition, subsequently, of left-out beneficiaries, by amendment allowed after period of limitation prescribed for suit Does not render suit time-barred.   Fatal Accidents Act (XIII of 1855)-----S. 1-Claim, for damages in respect of injury to Car involved in accident or as compensation for mental worry to heirs of deceased-Not maintain able in suit under Act.   Fatal Accidents Act (XIII of 1855)-----S. 1-Contributory negligence-Party initially negligent-Cannot fall back upon contributory negligence of other party to avoid his own liability.   Fatal Accidents Act (XIII of 1855)-----S. 1-Compensation Quantum-Deceased young man of 26 years-No proper means of earning by deceased established-Compensation, nevertheless, assessed on average income of Rs. 100 p.m.-Maximum expectancy of life-Considered as 60 years.   Dates of hearing: 16th January 1962, 11th April, 23rd August, 17th December 1963 and 2nd and 9th March 1964.   JUDGMENT   This is a suit under the Fatal Accidents Act in which Malik Raza Khan, father of the deceased Awwal Khan who was killed in the accident, has claimed compensation for the benefit of himself and the mother, widow and two minor children of Awwal Khan. The accident took place on 5th December 1957, early in the morning when Awwal Khan accompanied by his two male friends and two women was being driven in a Chevrolet Car No. KAP 4280. They had spent the night at Hawkes Bay and were returning early morning by the…