44/2021 M.A. Pakistan International Airlines Corporation Ltd (Appellant) V/S The Court of District Judge, Khi (East) & another (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
44/2021 M.A. Pakistan International Airlines Corporation Ltd (Appellant) V/S The Court of District Judge, Khi (East) & another (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 03-JUN-21
Precisely the gist of law and the succession application provides that the litigation commenced for issuance of a certificate in terms of Rule 1, 2 and 6 of Sixth Schedule of the ibid Act 2012. It enabled one of the legal heirs of the deceased to pursue the proceedings on behalf of all legal heirs who sustained damages to claim compensation from the airline. -Respondent No.2 approached District Judge/ respondent No.1 for issuance of requisite succession certificate. The District Judge/ Respondent No.1 however in terms of order impugned in these proceedings treated such compensation as an asset left by the deceased/victim and by considering it as part of succession application and has taken action in terms of the impugned order, which action is being challenged by the appellant/PIA in these proceedings. I disapprove the observation of the District Judge to the extent whereby recovery process was initiated.