' This suit has been filed under the Fatal Accidents Act, 1855 for recovery of RS,2,32,000 as damages.
The plaintiff is the widow of deceased Habib Jamal Ghanchi who died in a road accident on 28-4- 1982.
' The suit has been filed by the widow of the deceased on her behalf and on behalf of the parents and two minor children of the deceased. Para. 2 of the plaint reads as follows:-- "On the 28th April, 1982, at about 20-30 hours (night), the deceased was crossing the road near Sindhi Hotel, Liaquatabad, Karachi while the Bus No,800-168 Route 7-H being driven very fast and negligently collided with another negligently steered Bus No,834-761 of the same route of 7-H and suddenly and without any warning dashed into the deceased and caused him fatal injuries. Both the vehicles were defective and were at fault and due to injuries caused by the said buses, the deceased died at the Baqai Hospital, Nazimabad, Karachi on 30-4-1982."
' According to the plaint, the two buses which caused the accident and which resulted in the death of the deceased were owned by the defendants Nos. 1 and 2'. Exh. 4/1 is a certificate issued by the Office of the Excise and Taxation, Motor Registration Wing, Karachi and it confirms the ownership of the two buses by defendants Nos. 1 and 2. P.W.1 Sajjad Mushir (Exh. 4) is a Sub-Inspector in the Motor Wing of Excise and Taxation Department, Karachi. In his evidence he has stated that the certificate (Exh.4/1) was issued by his Office.
Defendants were served but they did not make any appearance in this Court and have also not filed any written statement. The case has, therefore, proceeded ex parte against the defendants.
The plaint is verified on solemn' affirmation. Further, affidavits of ex parte proof have been filed by the plaintiff/widow of Haroon Jamal an eye-witness, Jamal s/o Ahmed (father of the deceased), Muhammad Suleman and Muhammad Yusuf Siddiqui. The plaint, affidavits of ex parte proof and the evidence of the Sub-Inspector of Motor Wing Excise and Taxation Department, Karachi have established that the deceased died on account of injuries suffered in the accident caused by the two buses belonging, to defendants Nos. 1 and 2 and that he left behind the plaintiff, his parents and two minor children as his legal representatives entitled to compensation under the Fatal Accident Act. Although in the plaint it was mentioned that at the time of his death the deceased was getting a salary of RS,1,450 as Technician in Pakistan Steel Mills Corporation Limited, evidence on record shows that the deceased was drawing a gross salary of RS,1,899 per month at the time of his death. Evidence has also established that the deceased was the sole bread-earner of his family which comprised the plaintiff/widow, father, mother and two minor children. The deceased was killed in the accident when he was only 31 years of age. As the two defendants are the owners of the two buses which caused the accident resulting in the death of the deceased, the defendants are liable to pay compensation to the widow, parents and children of the deceased under the Fatal Accidents Act, 1855. From his salary that he was earning, it can safely be presumed that the deceased would have given at least 1,000 per month to his parents, widow and children, in case he had not died in the unfortunate accident, for about 30 yeaRS, Calculated on this formula, the figure comes to much more than RS,2,32,000 claimed in the present suit.
2. Suit No,154/83 is decreed in the sum of RS,2,32,000 against the defendants, jointly and severally with interest at the rate of 14$ per annum from the date of decree. The plaintiff shall also be entitled to costs.
3. The share of the plaintiff and other legal representatives in the decretal amount will be as follows:- (a)Zebunnisa plaintiff/widow Rs.1,00,000 (b)Jamal Ahmed Ghanchi/father Rs. 15,000 (c)Mst. Noor Bai/mother Rs. 20,000 (d)Master Shahzad Habib Jamal Ghanchi/sonRs. 40,000 (e)Shazia/daughter Rs. 57,000