2008 PLP 1413 (MLD)

KHAWAJA NAVEED AHMED, J.

This Civil Suit No.1517 of 2006 has been filed in original civil jurisdiction of High Court by Mst. Shaheen widow of Tariq Mehmood Kiyani for recovery of Rs.1,10, 50,000 (Rupees Eleven million fifty thousand only) as damages from Defendants Nos. 1 and 2 as her husband was killed in road accident on 13-10-2006 within the area and territorial limits of Police Station Jackson, Kemari Town, Karachi. The Defendant No.1 is the owner of heavy transport vehicle/Truck maker ISUZU bearing Registration No.TKE-814 registered by Motor Registering Authority District Lasbella at Hub Balochistan, bearing Chassis No.3545961, Engine No.432903, while defendant No.2 was the driver of the vehicle. He was employee of defendant No.1. He was driving the said vehicle in a rash, negligent and careless manner on the Jinnah Bridge Chorangi at Kemari when he dashed the vehicle into the motorcycle of deceased Muhammad Farooq kiyani, the husband of the plaintiff. Deceased was riding Motorcycle No.FSF-4591, Maker Honda. The deceased as a result of accident has received fatal injuries on his head and other parts of his body and has scumbed to injuries. The defendant No.2 left the said vehicle on the spot and fled away leaving behind deceased in injured/dead condition, who was removed by Edhi Ambulance to Hospital where MLO had pronounced him dead. F.I.R. of the incident was lodged to Police Station Jackson vide F.I.R. No. 329 of 2006 under section 320, P.P.C. through A.S.-I. Wali Muhammad Tanoli of Police Station Jackson. The deceased had left following legal heirs:-

1. Mst. Shaheen Tariq Widow 30 years

2. Muhammad Saddam Kiyani Son 9 years

3. Muhammad Shehzad Kiyani alias Usama Son 5 years

4. Adnan Tariq Kiyani Son 3 years

5. Muhammad Bilal Tariq Kiyani Son 1-1/2 years

6. Muhammad Farooq Kiyani Father

7. Hakam Jan Mother The notice of the suit was served upon the defendants through trial Court i.e. learned II ADJ, Karachi West. As per report of trial Court, dated 11-5-2007, the defendants Nos. 1 and 2 have been served. Despite service both the defendants have chosen to remain absent from the Court. They have not filed any written statement as such case was ordered to proceed ex parte against defendants vide order, dated 14-1-2008 and case was fixed for ex parte proceedings and filing of ex part evidence. Today Mst. Shaheen Tariq, widow of Tariq Mehmood Kiyani, who is plaintiff in this suit has filed her affidavit in ex parte proof. She is present in Court and states that the contents of the ex parte proof have been read over to her and the same are correct. She has produced her affidavit in ex parte proof which is on oath and is taken as evidence. No one is present for defendants to cross-examine the plaintiff, who is present personally. The ex parte proof of the plaintiff, which is on oath is taken on record as her evidence in support of her plaint, which she has filed and has signed on oath. Along with affidavit in ex parte proof the plaintiff has submitted a statement of claim, which is taken on record along with the evidence. As per statement of claim the plaintiff has reduced her claim in view of reported judgments of this Court and Honourable Supreme Courts from Rs.1,10,50,000 (Rupees Eleven Million and Fifty Thousand only) to Rs.40,45,000 (Rupees Four Million Forty Five Thousand only). Mr. Nasir Maqsood, Advocate, who is present in Court in other cases, has been requested by this Court to assist the Court in respect of the amount of claim. Mr. Nasir Maqsood confirms that this Court as well as Honourable Supreme Court had granted compensation calculated in the manner, in which this statement of claim has been filed. The plaintiff is personally present in Court along with her Advocate Mufti Muhammad Bashir and Mr. Nasir Maqsood who has been requested to assist the Court. In view of the facts of the case, considering the affidavit in ex parte proof and statement of claim filed by the plaintiff the suit is decreed to the extent of Rs.40,45,000 (Rupees Four Million Forty Five Thousand only) with interests at the rate of 15% from the date of decree along with cost of the suit. The decretal amount if recovered shall be distributed in the following manner:-- "50% of the decretal amount shall be deposited with the Nazir of this Court for children of the deceased who will invest the same in any, profitable scheme and shall give interest of the investment to the widow for maintenance of children and their school fees till they attain the age of majority. 25% of the amount shall be given to the widow immediately. 25% of the amount shall be given to the parents of the deceased if the amount is recovered in their lifetime. With the above terms the suit is decreed with costs. M.B.A./S-51/K Suit decreed.