Law:

Section:

(a) Fatal Accidents Act (XIII of 1855)-------S. 1---Death by rash and negligent driving---Proof---Statement of eye-witness of accident holding bus diver responsible for accident was not challenged in cross-examination--Bus driver while carelessly taking turn on left side without giving indication ran down deceased, who was traveling on motorcycle on his side---Evidence on record clearly .established careless and negligence of bus driver---Suit was decreed in circumstances. (b) Tort--- ---Damages---Driving heavy vehicles on busy roads---Drivers on such roads must take extra care---Carelessness at high speed or low speed would constitute an act of negligence holding driver responsible for damages---Principles. The general rule is that driver of heavy vehicle on busy roads must take extra care and must not act in a manner which may be dangerous to the life of others. The slightest carelessness of a driver of a heavy vehicle may badly disturb the traffic on the road and bring the serious consequence of a fatal accident. The high speed or fast driving is not only rash and negligent driving rather carelessness even at low speed may also constitute an act of negligence to hold the driver responsible for the damages. Akhlaq Ahmed Siddique, Advocate-on-Record/Advocate Supreme Court for Petitioners. Nemo for Respondent. Date of hearing: 28th April, 2005. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.--------This petition has been preferred against the judgment, dated 29-10-2003 passed by a Division Bench of High Court of Sindh, Karachi, in H.C.A. No.159 of 2000 arising out of a suit for damages filed by the respondent. 2. The facts giving rise to this petition, in the background, are that Muhammad Surjeel Qureshi, a young person of the age of 22 years, son of respondent, while proceeding on a motorcycle on the University Road, Karachi, on 15-2-1989, struck with a bus owned by the petitioner No.1 which was being driven by petitioner No.2 and having received fatal injuries, died at the spot. The respondent filed a suit for recovery of rupees eight lacs as damages under Fatal Accidents Act, 1855 and the petitioners, having filed joint written statement admitted the material facts…

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