| Case ID |
45009d93-4355-4acd-9c8e-43ed42379655 |
| Body |
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| Case Number |
Suit No. 317 of 1988 |
| Decision Date |
Apr 18, 1995 |
| Hearing Date |
Mar 30, 1995 |
| Decision |
The Sindh High Court ruled in favor of the plaintiff, Chaman Baig, finding the defendants liable for the fatal accident that resulted in the death of Adil Beg, a five-year-old boy. The court established that the defendants failed to produce sufficient evidence to support their claim of contributory negligence, and the accident was primarily caused by the rash and negligent driving of the bus. The plaintiff was awarded a total compensation of Rs. 2,22,000, with an interest rate of 14% on the decretal amount from the date of the decree until actual payment is made. The court emphasized the principles of liability under the Fatal Accidents Act, highlighting the importance of evidence and the burden of proof in civil cases. |
| Summary |
In the case of Suit No. 317 of 1988, the Sindh High Court addressed a tragic incident involving a fatal accident where a five-year-old boy, Adil Beg, was killed by a bus owned by Karachi High Court TRANSPORT CORPORATION. The case highlighted critical aspects of negligence and liability under the Fatal Accidents Act. The plaintiff, Chaman Baig, claimed damages for the loss of his son, arguing that the bus was driven recklessly by the defendant's driver. The court meticulously analyzed the evidence presented, which included testimonies and official reports, to establish the facts surrounding the accident. The decision reinforced the legal standard that in civil cases, the burden of proof lies with the defendant to disprove allegations of negligence. Ultimately, the court found the defendants liable, awarding the plaintiff compensation based on the projected financial contributions of the deceased had he lived. This case underscored the judicial system's commitment to ensuring justice for victims of negligence and the importance of thorough evidentiary standards in civil litigation. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL LATIF U. QURESHI, J
|
| Lawyers |
Nasir Maqsood,
Shafaat Hussain
|
| Petitioners |
CHAMAN BAIG
|
| Respondents |
Karachi High Court TRANSPORT CORPORATION through its Chairman and another
|
| Citations |
1995 SLD 1203,
1995 CLC 1714
|
| Other Citations |
Zakaullah Khan v. Muhammad Aslam 1991 SCMR 2126,
Qadri Brothers .Foundry and Workshop v. Safia 1988 CLC 2063,
Bashir Ahmed v. Abdul Hameed and another 1983 SCMR 302,
Muhammad Noor Alam v. Zair Hussain and 3 others 1988 MLD 1122,
Haji Abdur Razzaque v. Pakistan 1994 CLC 613,
Saira v. Zonal Municipal Corporation 1995 MLD 113
|
| Laws Involved |
Qanun-e-Shahadat (10 of 1984),
Fatal Accidents Act (XIII of 1855),
Civil Procedure Code (V of 1908)
|
| Sections |
Art. 2(1)(c),
S. 1,
O.VIII, R. 1
|