| Case ID |
026dd891-96f7-4333-af74-4bff13000ecf |
| Body |
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| Case Number |
Suit No. 128 of 1984 |
| Decision Date |
Aug 09, 1992 |
| Hearing Date |
Apr 12, 1992 |
| Decision |
The suit was dismissed on the grounds that the plaintiffs failed to establish their identity as the parents of the deceased child. The court found that the evidence presented raised significant doubts regarding the plaintiffs' identities, including discrepancies in names and lack of proper verification of the plaint. The plaintiff who claimed to be the mother could not provide satisfactory evidence or verification, leading the court to conclude that the plaintiffs were not entitled to the relief sought. The defendants were not held liable to pay compensation as the plaintiffs did not meet the burden of proof required to substantiate their claims. |
| Summary |
This case revolves around a tragic incident involving the death of a 12-year-old boy, Rashid, due to a traffic accident caused by alleged rash and negligent driving. The plaintiffs, claiming to be the parents of the deceased, sought compensation under the Fatal Accidents Act, but faced challenges in proving their identities. The court scrutinized the evidence presented, including identity documents, and found discrepancies that undermined the plaintiffs' claims. The case highlights the importance of establishing personal identity and the evidentiary requirements in civil proceedings. Ultimately, the court dismissed the suit due to the plaintiffs' failure to provide satisfactory evidence, underscoring the necessity for clear and verifiable claims in legal proceedings. Keywords: traffic accident, compensation claim, identity verification, legal proceedings, Fatal Accidents Act. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
HAZIQUL KHAIRI, J
|
| Lawyers |
Muhammad Maqsood,
Nasir Maqsood,
Mir Maqood Ali,
Riaz Muhammad,
Shamsul Arfin
|
| Petitioners |
RIAZ MUHAMMAD,
Najma
|
| Respondents |
SARWER SHAH,
Mir Maqood Ali,
Riaz Muhammad,
Shamsul Arfin
|
| Citations |
1992 SLD 1116 = 1992 CLC 2462
|
| Other Citations |
Not available
|
| Laws Involved |
Fatal Accidents Act (XIII of 1855),
Civil Procedure Code (V of 1908)
|
| Sections |
1,
O.VI, R.15
|