P L D 2008 Karachi 152 (PLP)
GOHAR HABIB — Appellant Versus PUBLIC-AT-LARGE — Respondent
| Citation | P L D 2008 Karachi 152 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | GOHAR HABIB — Appellant Versus PUBLIC-AT-LARGE — Respondent |
| Primary Law | Succession Act (XXXIX of 1925) |
Q1: What are the key laws and sections cited in P L D 2008 Karachi 152 (PLP)?
This judgment primarily cites: Succession Act (XXXIX of 1925) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2008 Karachi 152 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2008 Karachi 152 (PLP) (GOHAR HABIB — Appellant Versus PUBLIC-AT-LARGE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- KHAWAJA NAVEED AHMED, J.---This miscellaneous appeal has been filed by the advocate for the appellant Gohar Habib, who is son of late Habibullah son of Allah Rakha who had expired on 10-7-2006 in an Aircraft Accident involving PIA Flight PK-688 near Multan Airport. On account of the death of Habibullah in the aircraft operated by PIA the airline had offered to the legal heirs of deceased Habibullah a compensation amount in the sum of Rs.20,00,000 (Rupees two million only) towards full and final settlement of all their claim on account of death of deceased Habibullah in the said accident. The legal heirs of the deceased have accepted the claim.
Headnotes / Summary
S. 373
Carriage by Air (International Convention) Act (IX of 1966), S.6
Application for issuance of succession certificate
Compensation awarded by Airline company on account of death of deceased
Right of legal heirs of deceased to claim such compensation
Succession Certificate was issued to legal heirs of the deceased.
Judgment & Decree
KHAWAJA NAVEED AHMED, J.
This miscellaneous appeal has been filed by the advocate for the appellant Gohar Habib, who is son of late Habibullah son of Allah Rakha who had expired on 10-7-2006 in an Aircraft Accident involving PIA Flight PK-688 near Multan Airport. On account of the death of Habibullah in the aircraft operated by PIA the airline had offered to the legal heirs of deceased Habibullah a compensation amount in the sum of Rs.20,00,000 (Rupees two million only) towards full and final settlement of all their claim on account of death of deceased Habibullah in the said accident. The legal heirs of the deceased have accepted the claim. The PIA, needs Succession Certificate in order to disburse this amount amongst the legal heirs and as such the petition for Succession Certificate under Succession Act was filed in the Court of Darned Sessions Judge, Malir, who had transferred it to the learned 1st A.D.J., Malir, who had dismissed the same by impugned order dated 24-9-2007 on the ground that the amount of compensation does not fall within the definition of "Tarka" and as such Succession Certificate for that amount cannot be issued. My attention has been drawn towards a case reported in 2005 SCMR page 512 Mst. Ameeran Khatoon v. Mst. Shamim Akhtar and others according to which the Court has held that "Amount of Benevolent and Group Insurance would devolve upon the heirs of the deceased being his "Tarka". The operative portion of the Supreme Courts order is reproduced hereunder:-- "....Applying above test on the facts of instant case we are persuaded to hold that deceased Muhammad Ayoub was not entitled for the Benevolent Fund and Group Insurance during his life time and on his death, such amounts shall be deemed to be owned by him. Thus they will devolve upon his legal heirs being his "Tarka". Therefore, petitioner would not be entitled exclusively to claim these amounts except to the extent of her entitlement as per Shariat with other legal heirs of the deceased as it has been held by this Court in the case of Mst. Amtul Habib and others v. Mst. Musarrat Parveen and others PLD 1974 SC 185..." In case reported in 1999 PLC (C.S.) 793, Muhammad Mumtaz v. Mst. Umra Bevi and in case 2006 YLR 2678, Lahore Mst. Sabra Begum and another v. Mst. Iffat Shafique and 2 others, similar observations have been made. In view of the submissions made by learned Counsel, the impugned order dated 24-9-2007 is set aside. Learned 1st ADJ, Malir is directed to issue Succession Certificate to the legal heirs of the deceased Habibullah son of Allah Rakha according to the law within one month of receipt of this order. Miscellaneous Appeal No.41 of 2007 is disposed of. S.A.K./G-33/K Appeal accepted.