| Case ID |
42e78e46-0ec6-4363-bfa0-fc0df37b8677 |
| Body |
View case body. Login to View |
| Case Number |
Suit No.693 of 1998 |
| Decision Date |
Jun 30, 1999 |
| Hearing Date |
|
| Decision |
The court decreed the suit for recovery of Rs.10,00,000 with 14% interest per annum from the date of the suit until realization. The plaintiffs were awarded compensation for the wrongful death of their father, Muhammad Akbar Khan, who died due to the rash and negligent driving of defendant No.3, Meeran Khan. The court held that the defendants were responsible for the actions of their employee, and the plaintiffs were entitled to damages based on the earning capacity of the deceased, his age, and life expectancy. The judgment emphasized the importance of proving negligence and the burden of proof on the defendants once the accident was admitted. |
| Summary |
This case revolves around a tragic traffic accident that resulted in the death of Muhammad Akbar Khan, the father of the plaintiffs, who were seeking compensation under the Fatal Accidents Act of 1855. The accident occurred on June 27, 1987, when the deceased was struck by a bus driven by Meeran Khan, an employee of the Government of Sindh. The plaintiffs argued that the accident was caused by the negligent driving of the bus, while the defendants claimed contributory negligence on the part of the deceased. The court examined the evidence, including witness testimonies and police reports, ultimately finding the defendants liable for the wrongful death. The court highlighted the need for defendants to prove their claims when they differ from the plaintiffs' version of events. The decision included a detailed assessment of damages based on the deceased's earning potential and future contributions to his family. The case reinforces key legal principles surrounding negligence and liability in traffic accidents, making it a significant reference for similar future cases. |
| Court |
Sindh High Court
|
| Entities Involved |
Government of Sindh,
Muhammad Akbar Khan,
Dow Medical College, Karachi,
Meeran Khan
|
| Judges |
RASHEED AHMED RAZVI, J
|
| Lawyers |
Nasir Maqsood for Plaintiffs,
Abdul Muqtadir Khan for Defendants,
Imdad Hussain Kazi (absent) for Defendant No. 3
|
| Petitioners |
BIBI KHALIDA and 4 others
|
| Respondents |
GOVERNMENT OF SINDH through Secretary, Ministry of Health, Sindh Secretariat, Karachi and 2 others
|
| Citations |
2000 SLD 1815,
2000 CLC 381
|
| Other Citations |
Mst. Sakina and 3 others v. Messrs National Logistic Cell and 2 others 1995 MLD 633,
Anisur Rehman v. Government of Sindh and others 1997 CLC 615,
Spin Gul and 2 others v. Ikramul Haq and another 1987 MLD 2402,
Khursheeda and 3 others v. Haji Qudrutullah and another 1988 CLC 1062,
Syed Afzal Hussain v. Karachi Transport Corporation and another PLD 1987 Kar. 253,
Mrs. Gul Bano and 4 others v. Muhammad Ramzan and another 1982 CLC 1120,
Mst. Zebunnisa and others v. Sindh Road Transport Corporation and another 1982 CLC 1228,
Messrs Hayat Services (Pakistan) Ltd. v. Kandan 1989 CLC 2153,
Federation of Pakistan and another v. Hafiza Malika Khatoon Begum and others 1996 SCMR 406,
Qazi Arifuddin and another v. Government of Sindh and 2 others PLD 1991 Kar. 291,
Pakistan Steel Mills Corporation Ltd. and another v. Malik Abdul Habib and another 1993 SCMR 848,
Mst. Bibi Sooraj Jehan v. Mir Azam PLD 1993 Kar. 168,
S. Iqbal Hussain v. K.E.S.C. 1994 CLC 1903,
Shadman v. K.T.C. 1995 CLC 1714,
Gul Khan v. K.T.C. and another 1997 CLC 932
|
| Laws Involved |
Fatal Accidents Act, 1855
|
| Sections |
1
|