Law:

Section:

Keywords: Liability, Payment, Negligence, Consequences, Prosecution, Provisions, Costs, Insurer, Grounds, Testimony, Examination, Conviction, Inter Alia, Objections, High Court, Expenses, Vehicle, Onus Of Proof, Rash Driving, Damages, Criminal Proceedings, Period, Onus Of Proof, Judgment-Debtor, Evidence, Proceedings, Adequate, Notice, Place, Copy, Burden Of Proof, Civil Court, Motor Vehicles, Person Entitled, Vicarious Liability, Parties, Allowances Result: Appeal dismissed JUDGMENT B. G. N. KAZI, J. Richard Benjamin Wheeler Haines, has filed L. P. A. Against the judgment and decree of this Court dated 23-3-1970 in Suit No. 71/65 on the original side. Respondents_ Nos. 1, 2 and 3 were defendants in the suit. 2. The facts of the case as stated by the appellant are as under : 3. The appellant was employee of the British Council, Karachi. On 26th February 1965 at about 11 p.m. He was going on his, scooter from the city side to Clifton on the main Clifton Road. When he reached near the Columbus Hotel, a book he was carrying fell down. He turned back and parked -his Scooter at the side of the road to pick up his book and while he was starting his Scooter after having picked up the book, a Car No. K. A. D. 764 being driven in a rash and negligent manner by respondent No. 1 who was driver and servant of respondent No. 2 hit the Scooter with the result that be and his Scooter were thrown about 30 yds. Away from the place of impact and he received injuries including comminute fractures in both legs. He was taken to the Civil Hospital, Karachi where an emergency operation was made by Surgeon Rahim. He remained in the Civil Hospital until 5-3-1965 on which date he was flown as a stretcher case accompanied by nursing ascort on the flight from Karachi to London for further treatment. 4. He remained under treatment in St. Thomas's Hospital up to middle of May 1965. He was readmitted in the same Hospital in September 1965, and had another operation for bone graft and remained in the hospital for another month under treatment and suffered pain for considerable the thereafter. It is the case of the .Appellant that be feels pain even now and as a result of the accident he…

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