HUSSAIN AND ANOTHER vs MUHAMMAD RAFIQ AND 4 OTHERS — 1965 PLD 127

Citation: 1965 PLD 127

Court: Sindh High Court

Year: 1970

Decision Date: 1970-02-27

Parties: HUSSAIN AND ANOTHER vs MUHAMMAD RAFIQ AND 4 OTHERS

Headnotes

Case cited as PLD 1965 Kar. 127

Judgment Text

Court Name: Sindh High Court Judge(s): Durab Patel Title: HUSSAIN AND ANOTHER vs MUHAMMAD RAFIQ AND 4 OTHERS Case No.: Suit No, 43 of 1966 Date of Judgment:1970-02-27 Reported As: PLD 1971 Karachi 129 Result: Suit dismissed JUDGMENT JUDGMENT This is a claim for Rs, 1,50,000 under the Fatal Accidents Act, 1855. The plaintiffs are the parents and sole legal heirs of Salim deceased who was killed in an accident in Karachi on 4th February 1965. According to the plaint Salim deceased to whom I shall hereafter refer as the deceased, was going in a rickshaw on 4th February 1965 from Nazimabad to Gandhi Garden. The rickshaw was proceeding at reasonable speed over Lasbella Bridge when at about 1-10 p.m. a bus bearing No, KAT 9111 (to -- which I shall refer as the said bus) collided with it. In consequence of the collision the deceased was thrown out of the J rickshaw and was severely injured. He was taken to hospital and died of his injuries on the same day. At the time of the incident the said bus was owned by the second defendant and was being driven by the first defendant who was employed as a driver by the second defendant. The deceased was only 21 years at the time of his death and was in excellent health and used to carry on cloth business in Bohri Bazar, Karachi. His business was very successful and as a dutiful son he was paying his parents Rs, 1,000 every month out of his earnings. As his death was caused by the negligence of the defendants, the plaintiffs, who have…

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