Law:

Section:

Fatal Accidents Act (XIII of 1855).- ----Ss. 1 & 2---Compensation---Deterrrlination of---Unmarried victim of a fatal accident, could reasonably be expected to have provided sustenance to his father and mother to the extent of half of his earnings. Kandan v. Hayat Services (Pak.) Ltd. 1988 CLC 525 and Shah Jehan Begum v. Government of Sindh 1988 CLC 2325 ref. JUDGMENT This is a suit for recovery in the sum of Rs.5,50,000 under the Fatal Accidents Act. The suit against the defendant No.1 already stands dismissed as withdrawn with the consent of Mr.K.NI. Nadeem, A.A.-G., as per order dated 7-10-1992 passed on an application under Order XXIII, R.1, C.P.C. The claim, however, remains against the defendants Nos. 2 and 3. Defendant No. 2 is alleged to be the owner of the Water Tanker No.822-959 whereas the defendant No.3 was its driver. On facts, the rtferred water tanker, driven in a rash and negligent manner, dashed against motor-cycle bearing NOXAC-7040 near Nipa Chewk on the University Road, Karachi, on 24-10-1987, as a result whereof, amongst others, Hasnain Shahzad, aged 22 years, son of the plaintiff suffered untimely death. The beneficiaries are the plaintiff, father of the' deceased, and Mst. Razia Khatoon his mother. The deceased was unmarried and at the time had passed his B.Com. final examination from Premier College, Karachi, with flying colours and was likely to take admission in the course of Master in Business Administration in the Institute of Business Administration. It is also alleged that due to his academic qualifications the deceased was rendering private tuitions and earning about 1,000 to 1,200 per month. Upon qualification as an MBA his expected earnings are claimed to be around Rs.6,000 to Rs.8,000 per month. The defendants Nos.2 and. 3 in the suit have already been declared to be ex parte as per order dated 2-2-1992. In addition to the plaint, the plaintiff has submitted his own affidavit-in-ex parte proof together with photostat copies of the National Identity Cards of his wife 'and himself, of the death certificate of the deceased from the Abbasi Shaheed Hospital and of the FIR from Gulshan-e-Iqbal, Police Station, Karachi. Affidavits…

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