| Case ID |
42177fd3-b9b8-42eb-99c3-6af8c486476b |
| Body |
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| Case Number |
Suit No. 418 of 1956 |
| Decision Date |
May 09, 1960 |
| Hearing Date |
|
| Decision |
The plaintiffs have been awarded damages amounting to Rs. 29,520 due to the negligence of the defendant company, Orient Airways, which resulted in the death of Peter D'Lima, a Flight Steward. The court found that the defendants were liable for the negligence of their employees, particularly in the piloting of the aircraft involved in the crash. The decision emphasized the responsibility of the employer to ensure the safety of their aircraft and the competence of their staff. The court ruled that the plaintiffs, being the dependents of the deceased, are entitled to compensation under the Fatal Accidents Act, and the defendants' defenses were largely dismissed, including the claims of contributory negligence. The plaintiffs' claims regarding the deceased's income were assessed, leading to the final award. |
| Summary |
In the case of Suit No. 418 of 1956, the Sindh High Court addressed the tragic accident involving Orient Airways Limited, where Peter D'Lima, a Flight Steward, lost his life due to alleged negligence during a flight from Karachi to Dacca. The plaintiffs, led by Ursulina DLima, claimed damages under the Fatal Accidents Act, amounting to Rs. 60,000. The court found that the defendants were negligent in maintaining the aircraft and the piloting crew's performance, which ultimately led to the crash. The case highlighted important legal principles surrounding employer liability, negligence, and the rights of dependents seeking compensation for wrongful death. The court awarded Rs. 29,520 to the plaintiffs, taking into account the deceased's income and the financial dependency of his family. This case underscores the critical nature of safety in aviation and the legal repercussions of negligence in the industry. |
| Court |
Sindh High Court
|
| Entities Involved |
Orient Airways Limited,
Peter D'Lima,
Ursulina DLima
|
| Judges |
WAHIDUDDIN AHMAD, J
|
| Lawyers |
Fazlur Rehman
|
| Petitioners |
,
Ursulina DLima
|
| Respondents |
Orient Airways Limited,
Anothers
|
| Citations |
1960 SLD 311,
1960 PLC 424
|
| Other Citations |
Not available
|
| Laws Involved |
Not available
|
| Sections |
Not available
|