| Case ID |
2235fa66-d7da-49f5-9195-506a26ca4101 |
| Body |
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| Case Number |
Regular First Appeal No. 77 of 1992 |
| Decision Date |
Sep 15, 1994 |
| Hearing Date |
Jul 05, 1994 |
| Decision |
The court found that the driver of the bus was negligent and responsible for the death of Mukarram Khan, who was run over while standing on the road. The defense's argument that the accident was an 'Act of God' was dismissed, as the evidence showed that the driver failed to prove any contributory negligence on the part of the deceased. The plaintiffs were awarded compensation for the loss of their breadwinner, with the court emphasizing the need for timely payment to the dependents. The decision upheld the trial court's ruling on negligence and the entitlement of the dependents to damages. |
| Summary |
In the landmark case decided by the Peshawar High Court, the court addressed the critical issues surrounding the Fatal Accidents Act (XIII of 1855), focusing on claims for damages resulting from negligent driving. The case involved the tragic death of Mukarram Khan, who was fatally injured when a bus operated by the Road Transport Board ran him over. The court ruled in favor of the dependents of the deceased, establishing a precedent for negligence claims in similar cases. The judgment underscored the importance of accountability in road transport and the legal implications of negligent behavior leading to fatal accidents. The court's interpretation of the Fatal Accidents Act clarified the distinction between 'damages' and 'compensation,' reinforcing the rights of dependents to seek redress for wrongful death. This case serves as a pivotal reference for future cases regarding road safety and the legal responsibilities of drivers and transport organizations. It highlights the necessity for rigorous adherence to safety standards to prevent such tragedies. The court’s decision is a significant contribution to legal jurisprudence, ensuring that victims' families receive justice and financial support, reflecting the ongoing need for legal reform in road transport safety. |
| Court |
Peshawar High Court
|
| Entities Involved |
Road Transport Board,
Government Transport Service Peshawar
|
| Judges |
JALALUDDIN AKBARJI,
MRS. KHALIDA RACHID
|
| Lawyers |
Muhammad Latif,
Nazir Ahmad Awan
|
| Petitioners |
Mst. Gul Zarina,
her three daughters
|
| Respondents |
Road Transport Board, N.W.F.P.,
Hassan Shah
|
| Citations |
1995 SLD 906,
1995 CLC 83
|
| Other Citations |
Gwalior and Northern India Transport Co. Ltd. and another v. Dinkar Durga Shankar Joshi and another AIR 1955 M.B. 214,
S. Nagamani and another v. Corporation of Madras AIR 1956 Mad. 59,
Municipal Corporation, Delhi v. Sobhag Wanti etc. AIR 1960 Punj. 300,
AIR 1966 SC 1750,
State of Punjab and another v. Mst. Champa Magat Ram AIR 1971 Punjab & Haryana 373
|
| Laws Involved |
Fatal Accidents Act (XIII of 1855)
|
| Sections |
1
|