Law: Fatal Accidents Act (XIII of 1855)

Section: 1

Law: Motor Vehicles Act (IV of 1939)

Section: 94, 101

Law: Limitation Act (IX of 1908)

Section: 6

Law: Civil Procedure Code (V of 1908)

Section: 35

(a) Fatal Accidents Act (XIII of 1855) -S.1-Death caused due to negligence, of bus driver- Compensation Deceased a skilled weaver earning about Rs. 75 per week and spending at least Rs. 200 on his daughters (plaintiffs), one of them being blind- Deceased at time of death 45 years old possessed of good health, and normal expectancy of life being 60 years expected to live and earn for another 15 years-Contention that plaintiff girls compensation ought to be calculated on basis of what they would have received at ages of 17 or 18, likely years of marriage had their ceasing to be entitled to maintenance, held, of academic importance only-Unlikely for blind girl to be reasonably provided with husband-Possible also for deceased father to have provided maintenance to girls in case of husbands being not financially well off-Multiplying remaining expected life of deceased, viz., 15 years by Rs. 200 p.m., spent by deceased over maintenance of girls, compensation payable assessed at Rs. 36,000. Mat. Qudsia Begum v. Younus Khan and 4 others P L D 1973 Kar. 636 fol. (b) Fatal Accidents Act (XIII of 1855) S. 1 read with Motor Vehicles Act (IV of 1939), Ss. 94 to 101-Bus owner not insuring bus and plying vehicle-Person driving vehicle or allowing vehicle to be driven liable to punishment-Legislature intended to give remedy to third persons as might suffer injury due to negligence of driver-Bus owner, held, liable to plaintiffs not only vicariously on account of negligence of his driver but also for breach of statutory duty to insure vehicle. Monk v. Warbey and others (1935) 1 K B 75 ; McLeod v. Buchanan ; Cortfield v. Groves and another (1950) 1 All E R 488 ; Palmer's Company Law, 21st Edn., p. 572 and Re : City Equitable Fire Insurance Co. (1925) 1 Ch. 407 ref. (c) Fatal Accidents Act (XIII of 1855) S. 1-Compensation-Vehicle plied in contravention of law requiring insuring of vehicles run on public roads-Directors of company liable to company for failure to effect insurance-Motor Vehicles Act (IV of 1939), S. 94. (d) Fatal Accidents Act (XIII of 1855) S. 1 read with Motor Vehicles Act (IV of 1939), S. 94-Liability of Directors-Directors of Company failing to exercise…