Law:

Section:

(a) Fatal Accidents Act (XIII of 1855)-------S. I---Suit for damages---Negligence---Proof---Both Courts below on basis of evidence on record, had given finding of fact that buffalo of plaintiff had died due to negligence of the Authority--- Authority had installed electric pole near tubewell of the plaintiff from where electricity was supplied to his tubewell which caused death of buffalo of the plaintiff---Findings of Courts below were based on evidence on record and Authority had failed to point out any material irregularity or any misreading or non-reading of evidence by .Courts below---Concurrent findings of Courts below, could not be interfered with by High Court in circumstances. PLD 1988 SC 625 and Ghulam Qadir's case 1985 CLC 657 ref. (b) Fatal Accidents Act (XIH of 1855)--- ----S. 1---Fatal accident---Suit for damages--Negligence---Meaning and scope--- "Negligence" would mean existence of right and duty on well-known, principle that wherever there were rights, there were obligations also---Word "negligence" consisted in omission to do something which reasonable man, guided by considerations which ordinarily regulated conduct of a man's affairs, would do, or doing something which a prudent and reasonable man would not do---Negligence simpliciter would not be tortious, unless it was proved at the same time that defendants owed a duty to take care qua plaintiff ---Electirc pole which caused death of buffalo of plaintiff was installed by defendant-Authority near tubewell of plaintiff from where electric power was supplied to his tubewell---Duty and obligation of officials of defendant-Authority were to take care/to check all installations of electrification including said electric pole whether same was short-circuit or not---Plaintiff brought sufficient evidence on record that electric pole was short circuit and that buffalo died due to electric shock---Where the person had suffered personal injuries on account of negligence of others, he was entitled to damages for personal suffering and for loss of enjoyment of life and also for actual pecuniary loss resulting to and expenses reasonably incurred by him---Defendant-Authority, in circumstances, was…

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