Law:

Section:

Fatal Accidents Act (III of 1855)--S.1---Suit for compensation---Grandparents of deceased were not included in the list of heirs of the deceased under Muslim Law---Suit having been filed by father of the deceased, mere fact that grandparents of the deceased had wrongly been mentioned as heirs of the deceased in the plaint would not affect the competence or maintainability of the suit. Syed Ansar Hussain, Advocate Supreme Court for Petitioner. Respondent No. l in person. Date of hearing: 20th August, 1999. ORDER NASIR ASLAM ZAHID, J.---This petition has been filed by petitioner Karachi Water and Sewerage Board through its Managing Director seeking leave against the judgment, dated 14-4-1999 of the Sindh High Court dismissing its High Court Appeal. We have heard the arguments of Syed Ansar Hussain, learned Advocate Supreme Court for the petitioner, and have referred to the relevant record. 2. Respondent No.l Mirajuddin filed a suit in 1989 on the original side of the Sindh High Court claiming damages in the sum of Rs.8,50,000 under the Fatal Accidents Act, 1855, against the petitioner alleging that on 10-9-1988 his three years' old son Naeemuddin died on account of falling into the manhole in the area where he resided. The suit was contested by the petitioner pleading that the manhole was covered by them and then it might have been removed. It was also pleaded that respondent was also responsible for the accident as he had not cared to discipline the deceased boy as the manhole was near the footsteps of respondent's house and if the same was uncovered, respondent apprehending the accident should have been more vigilant. Contributory negligence was, therefore, also pleaded. Evidence was recorded during the trial where respondent No.l appeared himself in the witness-box and also examined his father Qiyamuddin whereas petitioner examined one Khaliqur Rehman, Executive Engineer of the petitioner organization. The suit was decreed by the learned Single Judge by judgment, dated 6-3-1998 in the sum of Rs.8,50,000 with 14% mark up and costs. It was held by the learned Single Judge that in view of section 1 of the Fatal Accidents Act, 1855, every suit brought under the…

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