421/1991 Suit Rahim Ali Palari & ors. (Plaintiff) V/S Govt. of Sindh & ors.. (Defendant)
Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam(Author)
421/1991 Suit Rahim Ali Palari & ors. (Plaintiff) V/S Govt. of Sindh & ors.. (Defendant) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam(Author) Order Date: 14-MAR-19
Suit under Fatal Accident Act is independent of proceeding under Motor Vehicle Ordinance, 1965 and Criminal Proceeding (If any). Res Ipsa Loquitor applies to fatal accident cases. If accident / incident disputed then onus on Defendant to disprove negligence. Defendant to disprove causation of death. Criteria for awarding damages. Deprivation of the association of a family member (loss of consortium). Tort Law as a Tool for enforcing good governance. Computing income of deceased when no evidence of employment.