Law:

Section:

(a) Fatal Accident Act (XIII of 1855)-------S. 1---Fatal accident---Suit for damages---Determination of amount of compensation---Defendants who were police officials opened fire indiscriminately on a motor car for stopping the same which had not cared for the signal of the police officials---Deceased at relevant time was sitting in Bus and he was not aware of indiscriminate firing made by police officials and could not adopt any precautionary measures and was hit with negligent firing of police officials and died later on---Police officials being negligent, plaintiffs being legal heirs of deceased were entitled to damages---Police officials present on the spot made indiscriminate firing due to which not only deceased sustained fatal injuries, but other passengers who were traveling in motor car, also received injuries---Deceased having died due to indiscriminate firing of the, police officials whose negligence had fully been proved, suit was rightly decreed by Trial Court and Trial Court had rightly determined amount of compensation taking into consideration age and earning capacity of deceased. 1997 CLC 132; 1997 MLD 309; 1997 MLD 2842; 1997 CLC 1517; 1998 CLC 570; Federation of Pakistan through Secretary Railways and another v. Hafiza Malika Khatoon Begum and others 1996 SCMR 406; Waseema and another v. Karachi Transport Corporation through Managing Director, Director or Secretary and another 1998 CLC 573; Roshan Jan and 3 others v. Pakistan and 2 others 1997 CLC 1417 and Shah Bashir Alam and 2 others v. Messrs Arokey Chemical Industries Ltd. 1997 MLD 2308 ref. (b) Fatal Accidents Act (XIII of 1855)--- ----S. 1---Negligence ---Meaning and proof of---Negligence was omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do--­"Negligence" was not a question of evidence, but same was an inference to be drawn froth the proved facts---Negligence was not an absolute term, but was relative one and was rather comparative term---Burden to prove negligence, was on plaintiff and not on defendant to disprove it, but an…

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