| Citation(s) |
|---|
| 1999 SLG 1049 1999 SLD 1049 1999 CLC 1743 |
Sindh High Court
Suit No. 1566 of 1997, decision dated: 2-12-1998
RASHEED A. RAZVI, J
Nasir Maqsood for Plaintiff. Kazi Abdul Hameed Siddiqui for Defendant
Suit No. 1566 of 1997, decision dated: 2-12-1998
RASHEED A. RAZVI, J
Nasir Maqsood for Plaintiff. Kazi Abdul Hameed Siddiqui for Defendant
Mst. SHAHIDA HASHMI--Plaintiff
VS
Karachi High Court ELECTRIC SUPPLY CORPORATION through Managing Director--Defendant
Law:
Section:
Fatal Accidents Act (I of 1855)------------S. 1---Suit for recovery of damages-- -Distribution of decretal amount legal heirs---Deceased died due to electrocution and legal heirs filed a amongst suit for recovery under S.1 of Fatal Accidents Act, 1855---Defendant was debarred from filing written statement and suit was decreed in favour of the legal heirs---Deceased left behind one widow, three sons and three daughters--Distribution of decretal amount---Mode and ratio. Mst. Shamim Akhtar v. Javedan Cement Limited 1997 CLC 955; Ameena v. Government of Pakistan, Ministry of Defence 1995 WILD 1922; Gul Khan v. Karachi Transport Corporation and another 1997 CLC 932; Iftikhar Hussain and another v. Karachi Electric Supply Corporation Ltd. PLD 1959 Kar. 550 and Mehmooda Yousuf Nizami and 6 others v. S. Huda and another 1981 CLC 1341 rel. JUDGMENT This is a suit for recovery of Rs.4.8 millions filed under the provisions Fatal Accidents Act, 1855 as a result of death of Fida Hussain Qureshi on 9-9-1997 due to electrocution. In para. 1 of the plaint following persons, in to the plaintiff who is the widow, have been shown as the other legal addition representatives entitled to compensation being sons and daughters of the deceased:-- (1) Mrs. Lubna Firdous Daughter 22 years (2) Muhammad Suhail Qureshi Son 21 years (3) Miss Uzma Qureshi Daughter 18 yeas (4) Miss Naureen Qureshi Daughter 17 years (5) Muhammad Ali Qureshi Son 15 years (6) Muhammad Farhan Qureshi Son 14 years 2. In this case, since the defendant was debarred from filing written statement, the case came up for final disposal before this Court on 15-10-1998 when the application of the defendant filed under Rule 159 of Sindh Chief Court Rules (O.S.) (C.M.A. 8900 of 1998) was dismissed in the following circumstances:-- "This is an application under Rule 159, Sindh Chief Court Rules (O.S.) seeking four weeks' time to file written statement on behalf of defendant. This application was filed on 9-9-1998 after the order, dated 18-8-1998 was passed by the Additional Registrar (O.S.) through which defendant was debarred from filing written statement. Perusal of case file indicates that defendant was served in the month…
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