| Case ID |
423ca589-e006-4ee8-93c8-97e21aac1340 |
| Body |
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| Case Number |
Suit No. 260 of 1988 |
| Decision Date |
Oct 31, 1995 |
| Hearing Date |
|
| Decision |
The plaintiff, Dost Muhammad, filed this suit for recovery of Rs.3,50,000 under the Fatal Accidents Act, 1855, following the death of his son Bakht Rehman in an accident involving a bus owned by the defendant Pakistan Steel Mills. The court found that the accident was caused by the negligence of the bus driver, who was an employee of the defendant. The plaintiff was awarded compensatory damages based on the deceased's earning capacity and the loss of income for the expected lifespan of the deceased. The defendants' claims of the deceased's own negligence were dismissed as they failed to produce any supporting evidence. The court condemned the frivolous defence raised by the defendants and awarded maximum compensatory costs to the plaintiff, acknowledging the prolonged litigation suffered by the plaintiff due to the defendants' false claims. The final decree was for Rs.3,50,000 with interest and additional compensatory costs. |
| Summary |
In the case of Dost Muhammad vs. Pakistan Steel Mills, the Sindh High Court addressed a claim under the Fatal Accidents Act, 1855. The plaintiff claimed compensation for the death of his son, Bakht Rehman, who died in an accident involving a bus owned by the defendant. The court examined the evidence presented, including witness testimonies, and concluded that the death resulted from the negligence of the bus driver. The plaintiff's claims were supported by evidence of the deceased's earning capacity, which established the basis for calculating damages. The court ruled against the defendants, who attempted to shift the blame to the deceased, and emphasized the importance of accountability for frivolous litigation practices. The court awarded compensation for loss of income and additional costs, highlighting the need for justice in cases involving fatal accidents. This case underscores the legal principles surrounding negligence, compensation, and the responsibilities of public entities in ensuring fair treatment of claimants, making it a significant reference point in personal injury law. |
| Court |
Sindh High Court
|
| Entities Involved |
Pakistan Steel Mills,
|
| Judges |
G.H. MALIK, J
|
| Lawyers |
Nasir Maqsood,
Akhlaq Ahmed Siddiqi
|
| Petitioners |
DOST MUHAMMAD
|
| Respondents |
,
PAKISTAN STEEL MILLS
|
| Citations |
1996 SLD 1289,
1996 CLC 530
|
| Other Citations |
Pakistan Steel Mill Corporation v. Nazir Hussain Shah 1990 CLC 515,
Karachi Transport Corporation v. Latif-ur-Rahman 1993 SCMR 1149
|
| Laws Involved |
Fatal Accidents Act (XIII of 1855),
Qanun-e-Shahadat (10 of 1984),
Civil Procedure Code (V of 1908)
|
| Sections |
1,
71,
35-A
|