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MUHAMMAD AQIL KHAN vs AKHTAR HUSSAIN AND OTHERS — 1964 PLD 72

Citation: 1964 PLD 72

Court: Sindh High Court

Year: 1970

Decision Date: 1970-03-11

Parties: MUHAMMAD AQIL KHAN vs AKHTAR HUSSAIN AND OTHERS

Headnotes

Case cited as PLD 1964 Kar. 72

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Haleem, Ghulam Rasool K. Shaikh Title: MUHAMMAD AQIL KHAN vs AKHTAR HUSSAIN AND OTHERS Case No.: Letters Patent Appeal No, 50 of 1969 Date of Judgment:1970-03-11 Reported As: PLD 1971 Karachi 864 Result: Appeal partly allowed JUDGMENT JUDGMENT MUHAMMAD HALEEM, J.--This letters patent appeal is directed against the judgment dated 24th January 1968, of a learned Single Judge, by which he decreed the respondents' suit for Rs, 62,000 with interest at 6 % per annum from the date of suit until payment and proportionate costs against the appellant. Out of the above decretal amount the liability of respondent No, 2 was limited to Rs, 20,000 together with interest and proportionate costs and to this extent it was ordered that the decree would be executable against this respondent. 2. On 25th November 1964, the respondents 1 to 5, who were minors, sued the appellant and respondent No, 6 through their next friend Manzoorul Hassan, their uncle, and claimed Rs, 75,000 as damages for the loss of life of Shafqat Hussain Siddiqui, their father, whose dependents they were. The suit was filed under the Fatal Accidents Act, 1855 (Act XIII of 1855). It was averred in the plaint that deceased Shafqat Husain Siddiqui was employed as a lower division clerk on a salary of Rs, 172 per month in the Engineering Department, Pakistan Naval Dockyard, in 1962. On 22nd December 1962, at about 1 p.m. while returning home on a cycle he met with an accident,…

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