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(On appeal from the judgment dated 8-3-1983 of the Lahore High Court in R. S. A. No. 67 of 1983).

Fatal Accidents Act (XIII of 1855)-

-- S. 1-Damages=Youngman of 28 years killed as a result of negligent driving by employee of Road Transport Board-Damages of Rs: 30,000 for life of such person-Held, hardly any recompense for his young widow and minor child-Road Transport Board, instead of speedily meeting its obligation under decree, which would have resulted in some succour to unfortunate family of deceased, prolonging their agony by challenging civil Court's decree up to Supreme Court and in such , process spending a sum almost equal to that awarded under decree-Held, such an attitude not only deplorable but against spirit of speedy and inexpensive justice which is declared policy of Government.-[Damages].

Qadeer Ahmad Siddiqi Advocate Supreme Court and M. Aslam, Advocate-on-Record for Petitioners.

Nemo for Respondents.

Date of hearing : 17th May, 1983.

NASIM HASAN SHAH, J.-The husband of respondent No. 1, Nemat Ali, a youngman of 28 years, was killed when Bus No. 7241/LRB owned by the Punjab Road Transport Board and driven by petitioner. No. 2 collided with his Rikhshaw.

The widow and the minor daughter of Nemat Ali deceased filed a suit for the recovery of Rs. 62.,000 as damages. The learned trial Court decreed the suit for Rs. 30,000. The first appeal filed by the Punjab Road Transport Board and the cross-objections brought by the petitioner No. 2 were dismissed by the District Judge, Faislabad. A regular second appeal before the High Court also having failed, hence this petition for leave to appeal by the Punjab Road Transport Board.

The learned counsel for the petitioners mainly contended that the Courts below had relied upon a judgment of the criminal Court, wherein petitioner No. 2 was found guilty of causing the death of Nemat Ali by rash and negligent driving and had been convicted and sentenced accordingly and his appeal before the Sessions Judge against the said conviction and sentence had also failed. The learned counsel further submitted that the findings recorded by the criminal Court could not be relied upon by the civil Court in civil proceedings and referred Noor Elahi v. The State (P L D 1966 S C 708). He further submitted that even the judgments of the criminal Courts were under scrutiny before the High Court, in revisional jurisdiction and, therefore, the findings recorded against petitioner No. 2 could not be considered to be a final determination of the matter by the criminal Courts.

We find no force in these submissions. A perusal of the judgment of the civil Court shows that it has decided the matter on the basis of the evidence produced before it, which consisted of witnesses belonging to the locality and that only a reference was made to the convicition of petitioner No. 2 by the criminal Courts. The judgment of the civil Court was based on the evidence produced before it and not on the basis of the material on record of any other case.

In fact, we feel that the damages allowed to the respondents is really derisory. The sum of Rs. 30,000 for the life of, a young and active person of 28 %cars is hardly any recompense for the young widow and minor child and we are surprised that the Punjab Road Transport Board, instead of speedily meeting its obligation under the decree, which could have resulted in some succour to the unfortunate family of Nemat Ali deceased, thought it fit to prolong their agony by challenging the decree passed by the civil Court right up to this Court and in this process spent a sum presumably almost equal to that awarded under the decree. Such an attitude is not only deplorable but also against the spirit of speedy and inexpensive justice, which is the declared policy of the Government. A copy of this order should be forwarded to the Chairman Road Transport Bord, Lahore.

This petition is dismissed.

S, Q. Petition dismissed.

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