| Citation(s) |
|---|
| 1997 SLG 662 1997 SLD 662 1997 CLC 631 |
Sindh High Court
Suit No.524 of 1986, decision dated: 1st June, 1995
G.H. MALIK, J
Nasir Maqsood for Appellant. Shaffat Hussain for
Respondents
Suit No.524 of 1986, decision dated: 1st June, 1995
G.H. MALIK, J
Nasir Maqsood for Appellant. Shaffat Hussain for
Respondents
Mst. SABIHA RIFAT NAZ-----Plaintiff
VS
Karachi High Court TRANSPORT CORPORATION and another----Defendants
Law:
Section:
Fatal Accidents Act (XBI of 1855)-------S.1---Death of deceased caused by rash and negligent driving of bus owned by defendant-company and driven by its driver---Evidence on record clearly indicated that death was caused by rash and negligent driving of driver of the bus who had negotiated the turn (curve) from wrong side of roundabout and collided with motorcycle driven by deceased, from front---Such statement of companion of deceased who was riding pillion was not challenged in cross-examination---Legal heirs of deceased were, thus, entitled to receive compensation---Deceased being 21 years of age when he died could be expected to live for almost 44 years more---Income of deceased at the time of his death and the increments which he would have received during coming years were worked out for 44 years---Defendant's counsel did not contest such position---Legal heirs of deceased were entitled to receive specified amount of compensation after deduction of deceased's personal expenses--Minor's share was ordered to be deposited in Defence Saving Certificates. JUDGMENT The plaintiff has filed this suit for recovery of Rs.8,00,000 on account of death of Nasir Ahmed Mubashar due to negligent driving of a bus by the defendant No.2. The suit has been filed for the benefit of the plaintiff as well as of Salman Shahzad, Miss Najamus Sahar, Miss Shamim Afshan and Miss Sadia who are the son and daughters of the deceased. It is alleged that on the 6th July, 1985 at 9 a.m. the deceased was driving his motorcycle with one Raisuddin Ahmed riding on the pillion seat and was proceeding from Jut Lines to his office on Ingle Road via. Fleet Club Road and when he reached the Lucky Star crossing the defendant no.2 while driving Bus No.835-189 belonging to defendant No. l in rash and negligent manner dashed the motorcycle from the wrong side and consequently the deceased and Raisuddin Ahmed received severe injuries and the deceased subsequently died. It is further alleged that by the death of the deceased the plaintiffs have been deprived of the pecuniary benefit to the extent of Rs.8,00,000. The defendants in their written statement have taken the plea that the deceased the driver…
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