DIN MUHAMMAD AND 3 Other vs FAQIR MUHAMMAD AND 2 Other Case No — 1970 PLD 442

Citation: 1970 PLD 442

Court: Lahore High Court

Year: 1969

Decision Date: 1969-09-18

Parties: DIN MUHAMMAD AND 3 Other vs FAQIR MUHAMMAD AND 2 Other

Headnotes

Result: Appeal allowed JUDGMENT JUDGMENT A. SHEIKH, J.-This appeal in forma pauperis has been, filed by Din Muhammad parent, Mst.

Judgment Text

Court Name: Lahore High Court Judge(s): A. R. Sheikh, Muhammad Afzal Khan Title: DIN MUHAMMAD AND 3 Other vs FAQIR MUHAMMAD AND 2 Other Case No.: Regular First Appeal No. 74 of 1964 Date of Judgment:1969-09-18 Reported As: PLD 1970 Lahore 442 Result: Appeal allowed JUDGMENT JUDGMENT A. R. SHEIKH, J.-This appeal in forma pauperis has been, filed by Din Muhammad parent, Mst. Khadija Begum widow. Irshad Ahmad son anal Mst. Jamila Akhtar daughter of Khushi Muhammad deceased; who was killed by having been overrun by Bus No. PBL 3243 belonging to respondent No. 2 driven by Faqir Muhammad respondent No. 1 on the 12th of July 1955, while he (Khushi Muhammad) was driving a tractor from Gujranwala to Lahore and the said bus coming from Sialkot struck against the tractor from behind near Kala Shah Kaku Rice Farm. Respondent No. 1 was convicted by the criminal Court and sentenced to six months' rigorous imprisonment and a fine of Rs. 100.00 for rash and negligent driving under section 304-A, P. P. C and three months' rigorous imprisonment under section 338, P. P. C. Both the sentences were to run con--currently. His appeal before the Additional Sessions Judge failed. However, the complainant's revision petition for enhancement of sentences also failed in this Court. The survivors of Khushi Muhammad, already referred to above, including his mother Mst. Begum Jee (since died), brought a suit in forma pauperis under the Fatal Accidents Act (XIII of 1855) for compensation for a sum of Rs.…

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