Law:

Section:

(a) Fatal Accidents Act (XIII of 1855)---­---S. 1---Civil Procedure Code (V of 1908). O.VII, R.11---Pakistan Army Act (XXXIX of 1952) Ss.2,' 80 131 & 133---Fatal accident---Suit for compensation---Maintainability---Rejection of plaint---Legal representatives of deceased, who died as a result of accident allegedly caused by defendant driver of an Army organisation, had filed suits for recovery of compensation under S.I of Fatal Accidents Act, 1855---Defendants sought rejection of plaints; firstly on ground that defendant driver, who had allegedly caused accident, was tried by Military Court and was acquitted of the charge of negligence---Other ground for rejection of plaints was that High Court had no jurisdiction in the matter--­Objections to maintainability of suits filed by legal representatives of deceased were raised by defendants for the first time, whereas in previous suits which were decreed against same defendants and wherein same counsel had appeared, such objections were not raised---Application for rejection of plaints were filed by defendants at time when evidence was recorded and matter was fixed for arguments---First ground of rejection of plaint was yet to be established by defendants which was to the effect that Tribunal constituted for trial of defendant driver in which he was allegedly acquitted, was constituted under some special law barring Jurisdiction of ordinary Civil Court and that such Tribunal was lawfully constituted and that trial conducted was concluded in a lawful manner exonerating defendant from allegations of negligence---No material was placed on record to show that jurisdiction of High Court was ousted---No provision of any statute or enactment or any judicial precedent was cited by defendants which could indicate that a Civil Court had no jurisdiction to entertain a claim under Fatal Accidents Act, 1855 against any Army Organization---Defendant was also not able to show as to how the Army Organisation or its employees fell within the definition of persons as mentioned in S.2 of Pakistan Army Act. 1952--­Other ground for rejection of plaint also could not be considered---Applications for rejection of plaints being…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492