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MUSHTARI versus ISLAMIC REPUBLIC OF PAKISTAN


Section 1 Fatal Accident Determination Compensation The plaintiff / widow testified through her evidence and eyewitness testimony, which clearly established the fact of the driver / defendant's negligence, resulting in the adjournment. The death was solely due to the death of. Neither defendant filed a written statement nor did he record any evidence for negligence and negligence of the trailer by the driver, although in view of the race ipsa locator theory, the fact of a fatal accident once proved. When done, the plaintiff's burden was relieved. And negligence is likely to be brought against the defendants. The defendants had to prove their negligence and the absence of haste and that the failure to present the driver of the vehicle involved in the accident would create negative thinking against the plaintiff. And the witness had to undergo a cross-examination and a lawyer's examination. Because the defendants failed to make any dents in their version factory, the defendant's driver caused the death of the trailer to be negligent and negligent, resulting in a fatal accident, no doubt the deceased's defendant. The widow and other legal heirs of the deceased / legal beneficiary, in the circumstances, were fully entitled to compensation through the defendants. The compensation was determined by taking into account the age of the defendant, its age expectancy, its earning capacity and other related factors, which stated that the defendant should pay the plaintiff within the stipulated period.

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