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ABBAS ALI SHAH versus NAEEM AHMAD


The matter of Claims 1 and 2 of the Deadly Accident Act 1855 was settled in favor of the plaintiff against the defendants in accordance with the terms and conditions of the contract settled in a favorable manner.

1985 M L D 172

[Karachi]

Before Nasir Aslam Zahid, J.

ABBAS ALI SHAH and another--Plaintiffs

versus

NAEEM AHMAD and 2 others--Defendants

Suit No.336 of 1981, decided on 6th March, 1985.

Fatal Accidents Act (XIII of 1855)--

---Ss. 1 & 2--Claim for compensation--Matter having been settled amicably between parties--Consent decree passed in favour of plaintiff against defendants according to terms and conditions agreed upon.

Muhammad Maqsood for Plaintiffs.

A.R. Mirza for Defendant No. 1.

Nemo for Defendant No. 2.

S. Riazul Hasan for Defendant No. 3.

Date of hearing: 6th March, 1985.

JUDGMENT

Learned counsel state that the matter has been amicably settled between. the parties. Plaintiff No.1 is present and he states that he has requisite authority from his wife, plaintiff No.2 in the suit. The suit is withdrawn as against defendant No. 2 by the plaintiffs. By consent a decree is passed in favour of the plaintiffs as against defendants Nos. 1 and 3 in the sum of Rs.30,000 with no order as to costs, subject to the liability .of the defendant No.3, Eastern General Insurance Company Limited, being restricted to Rs.20,000. An amount of Rs.4,000 has been paid in the Court today to the plaintiff No. 1 by defendant No.l. Receipt of which amount is acknowledge by plaintiff No. 1 on behalf of the plaintiffs. A further sum of Rs.6,000 will be paid in six monthly instalments of Rs.1,000 each by the defendant No.l to the plaintiffs commencing from 15-4-1985 on or before 15th of each month.

Mr. Riazul Hasan, learned counsel for the defendant. No.3, states that the defendant No.3 will make payment of the amount of Rs.20,000 within one month of the preparation of the decree after a notice is received by him from the learned counsel for the plaintiffs that the decree has been prepared and a copy of the decree is forwarded to him.

Suit as against defendant No.2 is withdrawn with no order as to costs.

H.B.T. Suit decreed.

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