Law:

Section:

Fatal Accidents Act (XIII of 1855)-------S. 1---West Pakistan Motor Vehicles Ordinance (XIX of 1965), S.95--­Suit for damages---Commutation of compensation---Liability of insurance company---Minor son of plaintiff aged about two years died in an accident which occurred due to rash and negligent driving of the defendant---Plaintiffs claimed compensation for a sum of Rs.5,000,000 against the defendants--­Contention by defendant/insurance company was that under S.95, West Pakistan Motor Vehicles Ordinance, 1965 third party insurance liability was extended only up to a sum of Rs.20,000---Validity---Where defendants failed to give any evidence in rebuttal of the contention that death of the minor was caused by rash and negligent driving of the defendant and the truck was owned by the other defendant, the assertion of the plaintiff was to be accepted---Plaintiffs were entitled to the amount of Rs.5,94,400 in accordance with the established principles of calculation---Contention of the defendant/insurance company was not controverted by the plaintiffs---Decree in the amount of Rs.5,94,400 jointly and severally was issued against defendants. Do,st Muhammad v. Pakistan Steel Mills Ltd. 1996 CLC 530 and Mairajuddin v. Government of Sindh 1998 MLD 1726 ref. JUDGMENT The plaintiff had claimed compensation under the Fatal Accident . Act in respect of their minor child Ghulam Hussain, then aged 2 years who was killed in an accident caused by a Truck owned by the defendant No.l and driven by the defendant No.2. Risk of third patty claims were covered by an insurance policy issued by the defendant No.3 insurance company. Only the defendant No.3 entered appearance on summons on the defendants Nos. l and 2 could not be served in the ordinary process and through pasting. Eventually the aforesaid defendants were sought to be served through publication in daily "Mashriq", dated 22-10-1992 but they did not appear and by an order, dated 10-1-1993 they were directed to be proceeded with against ex parte. The defendant No.3 in their written statement showed, ignorance about the incident causing death of Ghulam Hussain but took upto the defence that their liability under section 95 of…

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