Law:

Section:

Fatal Accidents Act (I of 1855)-------S. 1---Death by rash and negligent driving of truck belonging to defendants and driven by their employee---Evidence on record clearly indicated that cause of death was truck driver's fast and negligent driving---No dispute was raised with regard to heirs of deceased persons and respective income of deceased persons---Average age was determined to be 70 years in case of each of deceased person--Income of all the dead persons was worked out and after deduction of their respective expenses which they would have spent on themselves, the rest of the respective amount in each case was to be divided between heirs in accordance with their shares in inheritance---Amount which was to fall to the share of minors was directed to be deposited in some beneficial saving scheme while other beneficiaries would be paid their share in cash. Nasir Maqsood for Plaintiff. Major (Rttd.) A. Rauf Khan for Defendants Nos.l and 2. Date of hearing: 6th April, 1995 JUDGMENT This judgment will dispose of Suits Nos. 320, 321 and 322 of 1988 as they arise out of the same accident, the defendants therein are common and evidence of the defendants is also common. The accident out of which the three suits arise occurred on the 5th January, 1988, when a truck bearing No.858545, belonging to defendant No.l, was being driven by defendant No.2, an employee. of defendant No.l, and collided with a Ski van resulting in death of three persons, namely, Sufi Ghaib, Rahmatullah and Haji Jalaluddin. The ownership of the truck, the relationship between the defendants No.l and 2 and the cause of death in each case are not in dispute. The case of the plaintiffs is that the defendant No.2, at the relevant time, was driving the truck in rash and negligent manner and that the death of the deceased was caused by actionable wrong, negligence, default and wrongful act of defendant No.2. Suit No.320 of 1988 has been filed by Mai Nooran, the widow of Sufi Ghaib, who died in the accident, for the benefit of herself and the following dependent legal heirs of the deceased-- Faizunnisa Mother aged 60 years Hayatullah Son " 10 " Ataullah Son " 8 " Asadullah Son " 5 " Barkatullah Son " 3…

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