Law:

Section:

Fatal Accidents Act (XIII of 1855)-------S.1---Death of deceased was caused by wrongful act and neglect of employee of defendant company---No rebuttal to such version of death having been produced, death of deceased was deemed to have been caused by wrongful act and negligence of employee of defendant company---Both defendants were thus, liable to pay compensation to heirs of deceased---Salary of deceased accepted to be in accordance with version of official witness---Life expectancy of deceased was taken to be 70 years---Deceased was 54 years age as per his National Identity Card and could have been in service for 6 more years---Salary of deceased was worked out for six years and in addition, after retirement he would have earned specified amount on re-employment in private capacity--­Total income from deceased's present employment and his future employment was counted and plaintiff's (heir's) suit was decreed to the extent of amount so counted. JUDGMENT This is a suit for recovery of Rs.15,00,000. Under the Fatal Accidents Act, 1855. 1. Briefly stated facts of the case are that the deceased Shujjat Ali aged 45 years died in the accident by the Bus of the defendant No.l within the Mehran Depot on 24-8-1986 within the area of Model Colony, Police Station Karachi. The deceased left behind the legal heirs as shown in para. 1 of the plaint and the plaintiffs 1 and 2 are the minors daughter and son of the deceased. According to the plaint the legal heirs Nos.5, 7 and 8 were unmarried and were being supported by the deceased. Such legal heirs Nos.5 to 8 are also, entitled to damages of the compensation. 2. That the defendant No. 1 was the owner of the Bus bearing No.866-846 and defendant No.2 was the Electrician employee/servant of the defendant No. l at the time of the accident on 24-8-1986. That the defendant No.2 who as an employee of defendant No. l was performing his duty at the Mehran Depot where the deceased who was also an employee of the defendant No. l as a driver was working in the aforesaid Bus when all of sudden and in a rash and negligent manner the defendant No.2 sat on the steering and rashly and negligently putting the reverse gear started the bus…

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