1040/2007 Suit MST. MUQADAS & OTHERS. (Plaintiff) V/S K.E.S.C. LTD. (Defendant)

1040/2007 Suit MST. MUQADAS & OTHERS. (Plaintiff) V/S K.E.S.C. LTD. (Defendant) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 19-JAN-18

Fatal Accidents Act (XIII of 1855)--- ----S. 1---Electricity Act (IX of 1910), S.33---Fatal accident---Suit for compensation---Deceased 36 years of age, a Head Constable in Traffic Police, died on account of electrocution by coming into contact with energized pole erected by Electric Supply Company---Plaintiffs being legal heirs of the deceased filed suit for recovery of compensation against the Company---Issues in question were whether the suit was not maintainable; whether no cause of action had accrued to the plaintiffs to file the suit and whether the plaintiffs had alternate remedy under S.33 of the Electricity Act, 1910 to get redressal of their grievances---Burden of proof of said issues, was on the defendant Company---Defendant, having not advanced any arguments on the issues, same were answered against the Company---Burden of proof that deceased died due to electric shock owing to negligence and wrongful act of the defendant company and about deceased's earning was on the plaintiffs---Evidence on record had proved that deceased had died due to electrocution, and there was also a clear evidence that monthly salary of deceased was Rs.9945 as he was Head Constable in Police Department---Documents produced on record had confirmed that the cause of death of the deceased was due to electricity current in the electric Pole---Plaintiffs, in circumstances, were entitled for the relief they had claimed as compensation for the death of the deceased---Plaintiffs being immediate family of the deceased, directly affected by accidental death of the deceased had given well calculated figures to claim quantum of damages amounting to Rs.10,802,220---Defendant company, in cross-examination, had not even disputed the calculation given in the plaint as well as in the affidavit-in-evidence on oath and conceded that the figures of quantum of damage given in the affidavit, were proper calculation---Quantum of compensation had been determined keeping in view life span of the deceased, future benefit with the charge in salary etc.---Plaintiffs, were widow of the deceased, his mother, one son and four daughters---Preamble of the Fatal Accidents Act, 1855 had explained that purpose of the said Act, was to provide compensation to the families for loss occasioned by the death of a person caused by actionable wrong---Suit was decreed with cost and the defendant was directed to deposit, decretal amount with Nazir of the court within 30 days.