' This case was fixed for evidence today and in fact evidence of defendant No. 2 (Exh. 11) was recorded. Defendant No. 2 is the brother of deceased Abdul Wahab Khan and in his evidence he stated that he does not claim any amount which is lying deposited in this Court. However, no further evidence was recorded, as the parties then filed a compromise application having amicably settled the dispute amongst themselves. It may be observed here that the deceased Abdul Wahab Khan had taken a personal accident policy from Home Insurance Company Limited, defendant No. 1 in the present suit, and later on after his death, during the pendency of the present suit, the dispute was settled between the parties as far as the claim as against defendant No. 1 is concerned and pursuant to that a sum of Rs.8,50,000 had been deposited in this Court by Home Insurance Company Limited. By order, dated 6-12-1983 the suit as against defendant. No. 1 already stood disposed off.
2. Today an application has been filed (C.M.A. No. 308 of 1985) under Order XXIII, rule 3, C.P.C. read with section 151, C.P.C., which is signed by Plaintiff No. 1 Sofia Wahab, who is present in person, on her behalf and as a next friend and mother of her four children namely plaintiffs Nos. 2, 3, 4 and 5. Defendants Nos. 2, 3 and 4, who are also present, have also signed the compromise application. It may be observed here that defendant No. 2, brother of deceased Abdul Wahab Khan, has already deposed that he does not claim any amount.
Defendants Nos. -3 and .4 are the parents of deceased Abdul Wahab Khan. Learned counsel appearing for plaintiffs and defendants Nos. 2, 3 and 4 have also signed the compromise application.
' Another application (C.M.A. No. 309-of 1985) under Order XXXII, rule 7 read with section 151, C.P.C. has been filed which is signed by plaintiff No. 1 supported by an affidavit of plaintiff No.
1. Mr. S. Sami Ahmed, learned counsel for the plaintiffs, has also given a certificate under Order XXXII, rule 7(1-A), C.P.C. certifying that in his opinion the compromise effected between the plaintiffs and defendants Nos. 2, 3 and 4 is for the benefit of the minors. In my view also, the compromise- that is effected today is in the best interest of the minors namely plaintiffs Nos. 2, 3, 4 and 5. The two applications namely C.M.A. No. 308 of 1985 and C.M.A. No. 309 of 1985 are granted and a decree is passed in terms of the compromise application (C.M.A. No. 308 of 1985) and the decree will also include the directions given hereinafter.
3. In terms of the compromise, it is directed that a cheque of Rs.1,06,250 made out in the name of the plaintiff No. 1 will be handed over to Mr. S. Sami Ahmed, learned counsel for the plaintiffs, by the Nazir of this ,Court in the next 15 days. It is further directed, in terms of the compromise, that two cheques of Rs.1,00,000 each made out separately in the names of defendants Nos. 3 and 4, will be handed over to Mr. Mirza Muqim Beg, learned counsel for defendants Nos. 3 and 4, in the next 15 days by the Nazir of this Court.
4. The Nazir is directed to collect forthwith the profits/dividends that have already accrued on the investment of Rs.8,50,000.
5. It is further ordered, by consent of the parties, who are present, that from the profits/dividends of the amount invested a sum of Rs.5,000 per month will be paid to plaintiff No. 1 for the maintenance and education of the four minor children, namely, plaintiffs Nos. 2, 3, 4 and 5. In case defendant No. 3 or defendant No. 4, at any later stage receives information or comes to know that the amount is not being spent properly for the maintenance and education of the minors, it will be open to either defendant No. 3 or 4 to make an application to this Court for stopping or reducing the monthly payment made to plaintiff No. 1 on account of maintenance and education of minor plaintiffs Nos. 2 to 5
6. If in future any further specific amount or amounts are required for any particular purpose' or purposes by the plaintiff No. 1 for any specific need or needs of the minor plaintiffs or any one or more of them, a separate application can be made by plaintiff No. 1 in that regard, on which necessary orders will be passed after notice to defendants Nos. 3 and 4.
7. For the purposes of making payments to plaintiff No. 1 and defendants Nos. 3 and 4 pursuant to para. 3 of this judgment, the Nazir will forthwith encash requisite Khas Deposit Certificates. From the profits and dividends which have already accrued and which have been directed to be collected by the Nazir, a sum of Rs.30,000 will be kept in P.L.S. Account opened in Habib Bank Ltd. High Court Road Branch, Karachi, and from this amount every month starting from January, 1985, a sum of Rs.5,000 will be paid to plaintiff No. 1 as required under para. 5 of this judgment. The balance amount of the profits/dividends which have been directed to be collected forthwith by the Nazir will be utilized towards making payment of the amounts to the plaintiff No. 1 and defendants Nos. 3 and 4 as required under para. 3 of this judgment. After expiry of every six months this procedure will be followed so that regular monthly payments of Rs.5,000 can be made to plaintiff No. 1 as required by para. 5 of this judgment.
8. Profits/dividends which are not required will be reinvested from time to time in Khas Deposit Certificates.
9. Mr. S. Semi Ahmed, learned counsel for plaintiff states that plaintiff No. 1 has a claim of dower against the estate of the deceased. If that is so, the plaintiff No. 1 is free to take such proceedings under the law as may be available to her.