' The present suit for recovery of Rs.12,50,000 has been filed by the plaintiff, the father of deceased Muhammad Khalid Zafar, who died at the age of 30 years, in a Traffic accident on 3-7-1993, leaving behind the plaintiff and his mother Husan Jehan, as his legal heirs. As per the contents of the plaint the defendant No.3, an employee of defendants Nos.1 and 2, while driving a truck bearing No.062605 (SR-123), in a rash, negligent and careless manner, from Shahra-e-Faisal to Terminal No.1, via Main Road, Star Gate, when reached near an Iron gate, and wrongly turned the said truck towards his right side, without any warning, which rammed into a Yellow Cab bearing No.PL-6775, in excessively high speed and in such a violent manner that it kept the Taxi dragging upto about 10 feet, until it was halted, by striking against a footpath. Resultantly the Taxi was badly damaged and Muhammad Khalid Zafar who was driving it, died on the spot. An F.I.R. Pertaining to the accident, being F.I.R. No.169 of 1993 was lodged against the defendant No.3, the driver .Of the truck. It was contended that the A deceased had died as result of actionable wrong, negligence and default on the part of the defendant No.3, during the course of his employment with the defendants Nos.1 and 2 as such all the three defendants are liable to compensate the plaintiff, the father of the deceased, and Mst. Husan Jehan the mother of the deceased. ##TE#Regarding the quantum of compensation it was averred that the deceased, Muhammad Khalid Zafar, was 30 years of age at the time of his death. He was a healthy person, with simple habits. It was claimed that the deceased was a Science Graduate and had obtained a Master Degree in International Relation, from the University of Karachi, and it was only on account of his unemployment that he had purchased the aforesaid Yellow Cab, and was driving the same since 3 months before his death.
The deceased was thus earning Rs.400 to Rs.500 per day and use to give his entire earning to his mother for household and other expenses. It was claimed that the above income of the deceased would have increased with the passage of the time, at least by 30 percent, per annum. The deceased had also completed computer courses from reputed Institutions such as Pakistan Computer Programme Institute Ltd. And Microcomp International Rising. It was further claimed that the deceased was striving to go abroad, where he would have earned Rs.16,000 to Rs.20,000 per month. An amount of Rs.200,000 was claimed towards, damage caused to the taxi owned by the deceased and a sum of Rs.5,000 was claimed towards funeral expenses. Along with the plaint the plaintiff filed the following documents.
(i) F.I.R. No.169 of 1993 of Airport Police Station.
(ii) Death Certificate of KMC and Abbasi.
(iii) M.V. Inspector Report.
(iv) Self-prepared site sketch of accident.
(v) Identity Card of plaintiff.
(vi) Identity Card of mother of deceased.
(vii) Identity Card of deceased. (viii)B. Sc. Degree of deceased.
(ix) M.A. Degree of deceased.
(x) Certificate of Pakistan Electronic Computer Programme Institute Ltd.
(xi) Certificate of Mirocomp International Rising Academy.
(xii) Registration Book of Taxi. (xiii)Driving Licence.
' Although the defendants were served however, since they failed to file their written statement, the suit was ordered to proceed ex parte against the defendants and was fixed for final disposal. In her affidavit in ex parte proof Mst. Husan Jehan the mother of the deceased, disclosed that during the pendency of the suit her husband, the father of the deceased expired on 7th May 1996, at the age of 72 years and reiterated the contents of the plaint. Along with her affidavit in ex parte proof the mother of the deceased has filed a certified copy of the F.I.R., photo copies of Death Certificate pertaining to the deceased, Medical Certificate of the cause of death, motorcycle accident report and the original degree issued by the University of Karachi in the name of the deceased, original certificate issued by Miro-comp International Rising Academy and Pakistan Electronic Computer Programming Institute Ltd. Regarding various computer courses attended by the deceased and a photo copy of the Registration document of the Yellow Cab in favour of the deceased. By order dated 5-9-2003, Mst. Husan Jehan, the mother and the only surviving legal heir of the deceased was allowed to be substituted as plaintiff in place of Haji Fazal Din.
The deceased was 30 years age at the time of his death. The father of the deceased died at the age of 72 years during the pendency of the suit on 7th May, 1996. The average life span in Pakistan is assumed to be 70 years. In the statement of claim filed by Mr. Nasir Maqsood the learned counsel for the plaintiff, it is stated that although the deceased was earning Rs.4,00 to Rs.500 per day, but on a moderate plane a sum of Rs.200 per day may be taken as daily income of the deceased which comes to Rs.6,000 per month. The amount as claimed in the statement of account towards the damage sustained by the taxi is Rs.35,000. The loss of pecuniary benefit suffered by the parents of the deceased are therefore, computed as follows:--
1. Expected earning of the deceased, Rs.6,000 x 12 x 11 =Rs.7,92,000.00
2. 20% expected increase in his income.Rs.1,58,400.00
3. Less 1/3rd amount towards presumed expenses of the deceased.Rs.3,16,800.00 (a)Add amount of damage sustained by the Yellow Cab.Rs.35,000.00 (b)Funeral expenses.
Net amount of Compensation Payable.Rs.5000.00 Rs.6,73,600.00 The suit is, therefore, decreed against defendants Nos. Land 3 jointly and severally for Rs.6,73,600.00, with markup at the rate of 14% from the date of the filing of the suit till realization and cost. The decree to be satisfied within two months.##TE#