Law: Fatal Accidents Act, 1855

Section: 1

Law: Civil Procedure Code (V of 1908)

Section: 96

(a) Fatal Accidents Act (XIII of 1855)-------S. 1---Maxim: "Res ipsa loquitur", principle of ---Applicability---Res ipsa loquitur would mean that things speak for themselves; that accident of its nature would be more consistent with its being caused by negligence for which defendants we responsible than by any other cause and in such case mere fact of accident was prima facie evidence of such negligence---Evidence on record would indicate that accident causing death of deceased was clearly outcome of rash and negligent driving, by employee of defendant establishment and such defendant being liable for his act was legally obliged to compensate respondent for loss of life of deceased----Finding recorded by Trial Court on such aspect of matter was fully justified on facts and circumstances of case and was affirmed.Hassan Nawaz's case 1994 MLD 1495 and Pakistan Steel Corporation's case 1993 SCMR 848 rel.(b) Fatal Accidents Act (XIII of 1855)--------S. 1---Civil Procedure Code (V of 1908), S. 96---Death of deceased by rash and negligent driving---Heirs of deceased claiming compensatory damages--�Quantum of damages---Father of deceased at time of accident was 53 years of age---Expected life span was deemed to be 75 years whereby period of loss of benefits would be 22 years---Proved annual income of deceased was Rs.1,856 per month, making his income for first year to be Rs.22,272, adding 10 per cent. annual increment on each year's income, total income accruable for 22 years i.e. expected life span of respondent, would come to Rs.17,51,297 after deducting 1/4th for personal expenses of deceased balance heritable would be Rs.13,13,472---Trial Court's decree was modified and substituted by decree for specified amount---Plaintiff having already received decretal amount as determined by Trial Court would be entitled to recover balance of specified amount in terms of modified decree of Appellate Court.JUDGMENT SAEED-UR-REHMAN FARRUKH, J. ---This judgment will dispose of the following two matters, as common questions of fact and law are involved therein. (i) Regular First Appeal No.73 of 1988 "J.V. Gardner v. Province of Punjab etc.". (ii) Regular First…