Law: Carriage By Air (International Convention) Act, 1966

Section: 22

Carriage by Air (International Convention) Act (IX of 1966)  First Schedule, para. 22 and Fatal Accidents Act (XIII of 1855) Loss of pecuniary benefit recoverable under Fatal Accidents Act-- Must be one arising from family relationship between deceased and dependent and not from any other relationship-Deceased, Manag ing Director of a company (travel agency) dying in an air crash-- Members of deceased's family happening to be shareholders of such company-Loss of earnings suffered by company on account of Managing Director's death resulting in loss of future benefits to share holders-Held, such loss cannot be said to have arisen to share holders out of their family relationship with deceased-Claim of damages put forward by shareholders for alleged business loss rejected. Halsbury's Laws of England, Vol. V, Art. 542, footnote (a) ; Shawcross Beaumont on "Air Law", 3rd Edn. 1966, Vol. I, pp. 444, 506 ; Pevee v. Brown (1964) 108 Sol. Jo. 219 and Burgess v. Florence Nightingale Hospital for Gentlewomen and another (1955) 1 Q B 349 ref. Preston and another v. Hunting Air Transport Ltd. (1956) 1 Lloyd's L R. 45 and Ashcraft v. Curtin (1971) 3 All E R 1208 distinguished. Dates of hearing : 17th and 18th December 1975.                                                                                                                                      JUDGMENT I. MAHMUD. J.-This is a suit under the Carriage By Air (International Convention) Act, 1966, for the recovery of damages amounting to Rs. 82,196 alfeged to be sustained by the plaintiffs who are members of the family of I. A. Butt, who died in an air crash at Cairo on 20-5-1965 while travelling as passenger in an aircraft belonging to the Pakistan International Airlines Corporation. 2. The suit was filed on 19-5-1967 in the name of eight plaintiffs, six of…