| Case ID |
ecea41f3-7838-47a9-8959-d899fe134031 |
| Body |
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| Case Number |
Civil Appeal No.192-K of 1991 |
| Decision Date |
May 06, 1992 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan modified the judgment of the lower courts concerning the quantum of damages awarded under the Fatal Accidents Act, 1855. The amount initially decreed was Rs. 4,80,000, which was deemed excessive given the considerations of the deceased's age and lack of earning capacity. The Court deducted the estimated costs of the deceased's education and maintenance until he would have entered the workforce, concluding that Rs. 4,03,200 was a more appropriate compensation amount. The appeal was allowed partly, adjusting the compensation while reaffirming the importance of reasonable assessment in fatal accident claims. |
| Summary |
In the Supreme Court case regarding the Fatal Accidents Act, 1855, the Court reviewed the compensation awarded to the parents of a deceased minor who died in a road accident. The key legal principles examined included the quantum of damages, the necessity of a rational basis for compensation, and the responsibilities of government functionaries in such claims. The Court emphasized that appellate courts must not interfere with trial court decisions on damages unless there is a clear misapplication of law or unreasonable estimates. The Supreme Court ultimately modified the compensation amount to reflect a more appropriate assessment based on the deceased's potential future earnings and the expenses incurred by his parents for his education and upbringing. This case highlights the balance of justice and reasonable compensation in fatal accident claims, addressing critical issues such as the expectations of pecuniary advantage and the humane approach required in such sensitive matters. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
KARACHI TRANSPORT CORPORATION
|
| Judges |
AJMAL MIAN,
SAJJAD ALI SHAH,
SALEEM AKHTAR
|
| Lawyers |
Mr. Naraindas C. Motiani,
Mr. Muhammad Maqsood
|
| Petitioners |
others,
LATIFUR-REHMAN
|
| Respondents |
KARACHI TRANSPORT CORPORATION
|
| Citations |
1993 SLD 692 = 1993 SCMR 1149
|
| Other Citations |
Lim Joo Chang v. Lim Siew Ghoo and another PLD 1957 PC 23,
Subbain Reddy and another v. T. Jardon AIR 1945 PC 168,
C.K. Subramonia Iyer and others v. T. Kunhikuttan Nai and others AIR 1970 SC 376,
Sint. Manjushir Raha and others v. B.L. Gupta AIR 1977 SC 1158,
Madhya Pradesh State Road Transport Corporation v. Sudhakar and others AIR 1977 SC 1189,
Flint v. Lovell (1935) 1 K.B. 354,
Williams v. Thornycroft (1940) 2 KB 658 (CA),
Muhammad Akbar Khan v. Province of West Pakistan PLD 1961- SC 17,
The Punjab Road Transport Board and another v. Mst. Naziran Bibi and another PLD 1983 SC 340,
M/s. Concord of India Insurance Co. v. Smt. Nirmala Devi and others AIR 1979 SC 1666
|
| Laws Involved |
Fatal Accidents Act, 1855,
Constitution of Pakistan, 1973
|
| Sections |
1,
185(3)
|