Law:

Section:

  Fatal Accidents Act (X111 of 1885), Ss. 1 & 2-- Beneficiaries ; wife ; husband; parents and child-Person other than beneficiaries living jointly with deceased-Not entitled to damages - Assessing damages with reference to individual beneficiaries-"Loss resulting from death to the parties respec tively" to be considered-Deceased 30 years old at time of accident-Life expectancy 25 years-Basis for assessing loss to each beneficiary - Proportionate to period of life expectancy of dependants - Widow 30 years or less at time of death of deceased-Expected to live for 25 years more- Views expressed in English cases-Not safe guide for determining life expectancy of widows in Pakistan-Child aged 2 at time of death of deceased --Period for calculating damages held 20 years (i.e. till graduation at 22)-Liability of defendants for loss suffered by beneficiaries --Commences from date of death of deceased and not from date or dates on which deceased would have made his contribution to beneficiaries-No deduction can be made from damages on account of any advantage beneficiaries might gain by getting amount in lump sum.   Iftikhar Hussain v. The Karachi Electric Supply Corp. Ltd. P L D 1959 Kar. 550 ; Ursulina D'Lima v. Orient Airways Limited P L D 1960 Kar. 712 ; Bashir Begum v. Muhammad Ali Premji P L D 1960 Kar. 785 ; Mst. Hamida Begum v. Suleman Jan and others P L D 1961 Kar. 529 ; (1942) 1 A E R 55 and Austin v. London Transport Executive "Quantum of Damages" by Kemp and Kemp p. 69 ref.   Fatal Accidents Act (XIII of 1885), S. 1-Suit under section-For benefit of all beneficiaries irrespective of whether all of them join in suit or not.   Iftikhar Hussain v. The Karachi Electric Supply Corp. Ltd. P L D 1959 Kar. 550 ref.   Motor Vehicles Act (IV of 1939), S. 96(2) and Fatal Accidents Act (X111 of 1885),S. 1-Suit for damages under Fatal Accidents Act, 1885-Insurer made defendant-Not entitled to take defence not specified in S. 96(2), Motor Vehicles Act, 1939 Sind Chief Court Rules (O. S.), Ch. IX, r, 168.   British India General Insurance Co. Ltd. v. Captain Itbar Singh and others A I R 1959 S C 1131 rel. JUDGMENT…