| Case ID |
161fdbb5-7b5e-4ddd-81a2-6659034f55be |
| Body |
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| Case Number |
R.F.A. No.47 of 2001 |
| Decision Date |
May 04, 2004 |
| Hearing Date |
|
| Decision |
The court upheld the decision of the trial court, which had granted a decree for recovery of Rs. 21,20,000 in favor of the plaintiffs for the wrongful death of Muhammad Qayyum due to the negligent actions of police officials. The court found that the police acted recklessly by opening fire in a populated area without proper justification, resulting in the death of the deceased who was merely a passenger in a bus. The court affirmed the trial court's assessment of damages based on the deceased's expected income and life expectancy, and dismissed the appeal filed by the defendants, leaving them to bear their own costs. |
| Summary |
In the case of R.F.A. No.47 of 2001, the Peshawar High Court addressed the tragic incident involving the wrongful death of Muhammad Qayyum, a student, due to the indiscriminate firing by police officials. The plaintiffs, Saidur Rehman and his wife, sought damages under the Fatal Accident Act for the loss of their son, who was traveling in a bus when the police opened fire in a crowded area. The court examined the evidence, which indicated negligence on the part of the police, leading to the fatal injuries sustained by the deceased. The plaintiffs were awarded compensation based on the deceased's potential earnings and life expectancy. This case highlights the importance of police accountability and the need for appropriate measures when dealing with public safety. Keywords: wrongful death, negligence, police accountability, Fatal Accident Act, compensation for loss. |
| Court |
Peshawar High Court
|
| Entities Involved |
Muhammad Qayyum
|
| Judges |
TALAAT QAYUM QURESHI,
QAZI EHSANULLAH QURESHI
|
| Lawyers |
Nizar Ahmad D.A.-G.,
H. Muhammad Alam,
Ghulam Ali
|
| Petitioners |
SAIDUR REHMAN
|
| Respondents |
GOVERNMENT OF N.W.F.P. through Collector, Mardan and others
|
| Citations |
2004 SLD 1981,
2004 CLC 1682
|
| Other Citations |
1997 CLC 132,
1997 MLD 309,
1997 MLD 2842,
1997 CLC 1517,
1998 CLC 570,
1996 SCMR 406,
1998 CLC 573,
1997 CLC 1417,
1997 MLD 2308
|
| Laws Involved |
Fatal Accident Act (XIII of 1855)
|
| Sections |
1
|