Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)------Art. 2(1) (c)---Evidence---Nature of evidence in criminal and civil cases--­Essentials ---Evidence in criminal cases must be of such nature that factum of incident should be proved beyond any reasonable doubt while in civil matter preponderance of probability would be sufficient---Circumstances of each case must determine whether any prudent man ought to act upon supposition that facts did exist, from which liability was to be inferred---In ordinary civil cases, Judge of fact must find for the party in whose favour there was preponderance of probability, although evidence be not entirely free from doubt. Zakaullah Khan v. Muhammad Aslam 1991 SCMR 2126 ref. (b) Fatal Accidents Act (XIII of 1855)--- ---S. 1---Civil Procedure Code (V of 1908), O.VIII, R. 1---Fatal accident by rash and negligent driving of bus belonging to defendant (owner) and driven by driver of defendant---Plea for contributory negligence---No evidence in support of such plea produced by defendant---Driver of bus who was eye­witness of the accident was also not produced in support of plea of contributory negligence---Best evidence (being that of the driver) having been withheld by defendant (owner) adverse inference could be drawn against him---Defendant being owner of the bus, even where it was not proved that bus was being driven by other defendant (driver) defendant (owner) would be responsible for any damages in case of death or otherwise. Qadri Brothers .Foundry and Workshop v. Safia 1988 CLC 2063; Bashir Ahmed v. Abdul Hameed and another 1983 SCMR 302; Muhammad Noor Alam v. Zair Hussain and 3 others 1988 MLD 1122 and Haji Abdur Razzaque v. Pakistan 1994 CLC 613 ref. (c) Fatal Accidents Act (XIII of 1855)--- ---S. 1---Fatal accident---Defendants proved to be liable for such accident--­Quantum of damages---Quantum of damages, was worked out on basis of average age span, and on basis of average income which deceased would have earned on attaining age of .majority---Deceased's personal expenses were deducted and specified amount was determined to be the amount which deceased if alive could have contributed to plaintiffs for specified years--­Average life…

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