Law: Fatal Accidents Act, 1855

Section: 1

(a) Fatal Accidents Act (XIII of 1855)-------S. 1---Fatal accident---Contributory negligence---Proof--- Determination of amount of compensation---Death of three years old daughter of plaintiff occurred by her falling into uncovered manhole in a street close to her parents' house---Defendant had contended that it was plaintiff's own duty to take care of the child---Validity---Burden to prove contributory negligence was on the party alleging same, but defendant failed to lead any evidence to show that plaintiff or his wife were particularly negligent---Even otherwise lack of caution and care on part of parents of deceased child would not absolve defendant of its legal and moral obligations to ensure that manhole was duly covered and that defence of contributory negligence on part of Civic Agencies could not be allowed to be set up in such-like cases---Court had rightly determined and awarded amount of compensation to plaintiff for deprivation of love and affection that parents/plaintiffs of the child suffered on account of tragedy. Karachi Water and Sewerage Board v. Merajuddin and others 2000 MLD 112 ref. (b) Limitation Act (IX of 1908)--- ----S. 5---Delay in filing of appeal ---Condonation---Matter normally to be decided on merits rather than technicalities---Delay caused on account of some confusion was condoned. (c) Fatal Accidents Act (XIII of 1855)--- -----S. 1---Fatal accident---Suit for compensation---Persons entitled to amount of compensation---Suit under S.1 of Fatal Accidents Act, 1855 ensured for benefits of all persons entitled to compensation and it was not necessary that all of them should be arrayed as plaintiffs, but person filing suit would be deemed to be the representative of all beneficiaries. Karachi Water and Sewerage Board v. Merajuddin and others 2000 MLD 112 ref. JUDGMENT SABIHUDDIN AHMED, J.--- This appeal arises from the judgment and decree of a learned Single Judge, dated 20-11-1996 and 26-11-1996 respectively, decreeing the respondent's suit in the amount of Rs.5,00,000 together with interest at the rate of 14 % per annum from the date of the suit till payment was made. After hearing learned counsel for the parties we had dismissed…

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