Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-------Art. 2(1)(c)---Evidence---Where evidence of witness was natural, straightforward and disinterested same could not be lightly brushed aside particularly when he had successfully withstood the test of cross-examination. (b) Fatal Accidents Act (I of 1855)--- ----S. 1---Death of deceased caused by rash and negligent driving of vehicle by driver of defendants---Liability to pay damages/compensation---Sufficient, satisfactory and natural evidence was furnished by plaintiff's witness who had not been rebutted in material particulars---No evidence was brought on record by defendants to suggest that death of deceased was caused by contributory negligence---Material facts deposed in examination-in-chief having not bee` controverted and dispute during cross-examination, would be deemed to have' been accepted---Liability of defendants was, thus, joint and several inasmuch as bus owned by defendants was driven by their employee (driver) and thus were, vicariously liable to pay damages/compensation to heirs of deceased. (c) Fatal Accidents Act (I of 1855)--- ----S. 1---Actionable and negligent act of defendants causing death of deceased--­Quantum of damages payable to heirs of deceased---Average life span was taken to be 70 years---Father being 51 years and mother being 45 years, they would have been supported by deceased for period of 19 and 25 years respectively---Income of deceased was assessed with reference to his future prospects and was worked out by Court with reference to their age span--­Plaintiff's suit was decreed in accordance with specified amount worked out by; Court. Pakistan Steel M1115 tb*ration Limited and another v. Malik Abdul HMib and another 1993 SCM1t 848 ref. , (d) Fatal Accidents Act (I of 1855)-- -==''S. 1---Assessment of damages---Mode---No hard and fast rule or formula to assess damages under S.1 of the Fatal Accidents Act, 1855---Assessment of damages has to be, of necessity, to some extent of a rough and appropriate nature based more or less on guess work. Pakistan Steel Mills Corporation Limited and another v. Malik Abdul Habib and another 1993 SCMR 848 fol. JUDGMENT The plaintiff, who is the father of…

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