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Suit No. 222 of 1977, decided on 12th March, 1979.
----- Ss. 1 & 2‑Fatal accident‑Suit for damages‑‑Owner and driver of bus not choosing to contest suit‑Counsel 'for Insurance Company not desiring to cross‑examine attorney of plaintiff‑Fact of deceased having died due to accident caused by rash and negligent driving of bus by defendant driver, held, stands proved.
------ Ss. 1 & 2‑Fatal accident ‑ Compensation ‑ Assessment of Deceased earning Rs. 600 p. m. and spending Rs. 500 p. m. on maintenance of his wife and children, plaintiffs‑Deceased having been in good health ' would have lived, according to normal expectancy of life in Pakistan, for another 20 years and would have earned total sum of Rs. 1,44,000 out of which he would have spent Rs. 1,20,000 on maintenance of plaintiffs‑Deceased would similarly have ordinarily maintained his children, plaintiffs 2 to 5, for about 10 years, 11 years, 14 years and 15 years respectively according to their ages‑Deceased alleged to have been spending Rs. 200 p. m. on his wife and Rs. 75 each on all his children numbering four‑Plaintiff No. 1 accordingly held entitled to compensation of Rs. 48,000, plaintiff No. 2 to Rs. 9,000, plaintiff No. 3 to Rs. 9,900, plaintiff No. 4 to Rs. 13,050 and plaintiff No. 5 to Rs. 13,950.[Compensation] .
‑‑ S. 46‑Insurance claim ‑ Driver of bus causing accident insured under Policy issued by Insurance Company defendant --Insurance Company, held, liable, notwithstanding owner of bus having not been insured but according to terms of insurance insurer liable to pay Rs. 20,000 only.
Fida Hussain v. Messrs Queensland Insurance Co. Ltd. P L D 1959 Kar. 216 ; Messrs Pak [Insurance Company Limited v. Bashir Begum and others P L D 1966 Kar. 152 and Mst. Ayeshabai v. Abdul Ghafoor and others P L D 1977 Kar. 542 ref.
Mst. Hamida Begum v. Suleman Jan and others P L D 1961 Kar. 529; Messrs Mohammad Sharif Chohan v. Mst. Hameeda Begum and others L. R. A. No. 61 of 1961 and Rukavabai v. Secretary of Defence P L D 1976 Kar. 131 distinguished.
K. B. Bhutto for Plaintiffs.
Riazul Hasan for Defendant No. 3.
Date of hearing : 12th March, 1979.
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