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Special Miscellaneous Appeal No.53 of 1985, decided on 23rd November, 1986.
---S.6---Issuance of certificate of compensation to legal representatives of deceased--Heirs of deceased not agreeing to, disbursement of available amount, but intending to take proceedings against carrier for realization of total settled amount--High Court modified earlier order issued in name of Nazir of Court and directed that certificate under S.6 of Act IX of 1966 bet issued to petitioners mentioning names of all legal representatives of deceased to enable them to follow course open to them under-law for recovery of amount of compensation.
Izhar Alam for Petitioner.
Zafar lqbal for Mst. Farida Begum widow of deceased.
Mst. Ishrat Jehan daughter of Anwarul Haq, has applied for grant of a certificate under rule 6 of the Carriage by Air (International Convention) Act, 1966. The certificate was directed to be issued in the name of the Nazir of this Court on 3rd November, 1985 by the then Chief Justice of this Court. After grant of the certificate, Nazir has referred this matter to the Court and has stated that Messrs Surridge & Beecheno have informed the Nazir that although the claim of the petitioner was settled for US ; 75,000 but after payment of the fee to the attorney Robert Borden who represented the petitioner in America only a sum of US 49,000 is now available for payment to the claimant. Learned counsel for the petitioner and one of the legal heirs Mst. Farida Begum the widow of the deceased oppose the Nazir s reference and state that the petitioner or any of the L. Rs. at no stage have agreed to payment of any fee to Mr. Robert Borden on behalf of the claimant. In view of the fact that the heirs of the deceased are not agreeable to the disbursement of the available amount and they intend to take proceedings against Carrier for realisation of the total amount mentioned in the application I direct that a certificate under rule 6 be issued to the petitioner mentioning the names of all the L. Rs. of the deceased to enable the petitioners to follow the course open to them under the law for recovery of the amount of compensation. The earlier order passed by the Noble Chief Justice on 3rd November, 1985 granting such certificate to Nazir accordingly stands modified accordingly.
H . B . T . / I-4/ K Modified certificate issued.
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