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High Court Appeal No. 31 of 1981, decided on 4th May, 1981.

------S. 1‑‑Fatal accident‑Contributory negligence‑Bus driven in rash careless and negligent manner dashing from behind against bicycle ridden by deceased and his companion‑Held, mere fact of deceased having been sitting on cycle frame and not driving himself would not disentitle deceased's parents to maintain suit.

--------Ss. 1 & 3‑Damages‑‑‑Computation‑Held, Court has discretion to compute amount of damages on basis of life expectancy of parents (claimants).‑.[Damages].

‑‑‑ S. 1‑Damages‑Computation‑Deceased aged 14 years and study ing in Class VII at time of accident‑Single Judge deducting estimated amount of expenditure on deceased's education from assessed quantum of damages‑‑Held, in such case calculation of damages has to be made on guesswork and not on actual facts and in circumstances, basis of calculation as adopted reasonable.‑[Damages].

Sri Manmatha Nath Nuri v. Moulvi Mukhleaur Rthman P L D 1969 S C 565 ref.

------Ss. 137 & 138 read with Civil Procedure Code (V of 1908), O. VIII r. 2‑‑Absence of cross‑examination and plea‑Appellants not cross‑examining deceased's father on question of age of deceased's mother‑No plea raised in written statement questioning age of deceas ed's mother‑Plaint being verified on oath Single Judge, held, could presume age given in title of plaint as correct.‑{Plaint].

M.O. Dastgir for Appellant.

Date of hearing: 4th May, 1981.

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