MUHAMMAD ATHAR HUSSAIN versus TRUSTEES OF THE PORT OF KARACHI
Fatal Accident Act 1855 Section 1 The defendant's employee was squeezed between two wagons owned by the defendant and thus the victim's death was accepted by the defendant but the negligence of the contributor was the deceased defendant's (mother's parents). It has been claimed from oral evidence that the accident was proved. Documentary evidence and, in addition, the fact of the accident was acknowledged by the plaintiff's witness, a co-employee of the defendant who explicitly stated that the pedestrian traffic was controlled to prevent such accidents. There was no defendant / company for He was neither contradicted nor denied his presence (where the accident occurred) on this occasion. The evidence of the claimants confirming the testimony, however, proved that the accident occurred due to lack of precautionary measures while proper control was taken and such was the case in stopping the wagons. The version presented by the claimant certified by the inquiry report was, therefore, accepted as true in the circumstances
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