2002 PLP 1381 (YLR)

(d) Islamic Law‑‑‑

Damages for injuries‑‑‑Concept of damages for injuries to the person exists under Islamic Law which is known as Diyat. S. Tariq Ali, Standing Counsel for Appellants. MRS. MAJIDA RAZVI, J.‑‑‑This appeal has been filed against the judgment and decree, dated 15‑8‑1995, passed by a learned Single Judge of this Court, decreeing the suit for Rs.11,25,000, with interest thereon at the rate of 14 percent. per annum from the date of the suit till payment and costs of the suit against the defendants Nos.1 and

3. The suit was filed on 7‑8‑1994 for recovery of Rs.30,00,000 (Rupees three million) against the defendants (appellants herein) under the Fatal Accidents Act, 1855. Mr. S. Tariq Ali, the learned counsel for the appellants, first requested for an adjournment and on our declining his request, contended that the judgment is erroneous and is not according to the principles of justice as the learned Single Judge refused to‑extend time to file written statement and also seek instructions from the appellants. The judgment indicated that on 31‑5‑1995, Mr. S. Tariq Ali, the learned counsel for the appellants, who was appearing in the suit also, sought adjournment to file written statement, which was granted subject to payment of costs of Rs.2,

000. However, on the date so granted, neither the written statement was filed nor the cost was deposited but adjournment was sought again which was declined by the learned Single Judge. The judgment also indicates that the learned counsel far the appellants declined to proceed with the case to cross‑examine the plaintiff's witnesses, who were present in the Court. Admittedly, the vehicle involved in the accident was owned by defendant No. 1 and was being driven by the defendant No.3, in the course of his employment with the defendant No.

1. The very purpose of die Act is to provide compensation to the family for loss caused by the death of a person caused by actionable wrong. If the appellants failed to file the written statement on time earlier and also within the time granted by the Court, then the appellant cannot be aggrieved by the order passed by the learned Single Judge, decreeing the suit. The provisions of a statute must always be interpreted and made effective to suppress the mischief and advance the remedy. Even under the Islamic Law, the concept of damages for injuries to the person, known as Diyat (blood money) exists. In view of the circumstances reflected in the judgment, which were not denied by the learned counsel for the appellants, the suit was rightly decreed by the learned Single Judge. In the result, the appeal, having no merit, is dismissed in limine together with the miscellaneous application. (Sd.) (Mrs. Majida Razvi), Judge. MAMOON KAZI, C.J.‑‑‑I agree. Q.M.H./M.A.K./C‑53/K Appeal dismissed.