2009 PLP 41 (MLD)
Mst. FARIDA NAEEM — Plaintiff Versus BAHADUR KHAN and 2 others — Defendants
| Citation | 2009 PLP 41 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Mst. FARIDA NAEEM — Plaintiff Versus BAHADUR KHAN and 2 others — Defendants |
| Primary Law | Fatal Accidents Act (XIII of 1855) |
Q1: What are the key laws and sections cited in 2009 PLP 41 (MLD)?
This judgment primarily cites: Fatal Accidents Act (XIII of 1855) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 41 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 41 (MLD) (Mst. FARIDA NAEEM — Plaintiff Versus BAHADUR KHAN and 2 others — Defendants). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 1
Civil Procedure Code (V of 1908), S.151
Fatal accident--Suit for recovery of amount of compensation
Attachment of vehicle
Application for
Defendant/the driver of the bus in question filed application for reducing the surety amount from Rs.10,00,000 to Rs.1,00,000 to enable him to get the bus released and earn his livelihood
Surety amount was quite high and defendant driver could not arrange such huge amount of surety
Since the attachment of the bus, it had not been properly maintained and the value of the bus thus had gone considerably low
All the tyres of the bus had worn out and the body and parts of the bus had become rusty and due to such attachment defendants had lost their earning and incurring loss and, damages
Amount of surety, in circumstances, was reduced to Rs.2,50,000 from Rs.10,00,000, accordingly.
Judgment & Decree
KHALID ALI QAZI, J.
This matter has been called twice during earlier part of the day, but was kept aside due to the absence of learned counsel for the plaintiff. It is now 12.22 noon. Nobody is present on behalf of the plaintiff nor any intimation has been received. This is an application under section 151, C.P.C. for reducing the surety amount from Rs.10,00,000 to Rs.1,00,000 to enable the defendant No.2 to get the bus released and earn his livelihood. Learned counsel submits that the Bus No.1158 allegedly involved in the road accident was attached by order, dated 21-6-2006. It was further ordered by order, dated 14-2-2006 that the bus may be released on furnishing surety in the sum of Rs.10,00,
000. Despite such order the defendant No.2 is unable to furnish surety in the sum of Rs.10,00,
000. It is settled principle of law that the surety could not be withheld as a punishment, but it is for giving the equitable relief to the needy person. In the present case since 14-2-2006 the defendant No.2 could not arrange and furnish surety in the sum of Rs.10,00,000 and therefore, it appears that the surety amount is much higher than the resources of the defendant No.1. It also appears that since the attachment of the bus it has not been properly maintained and the value of the bus gone considerably low. All tyres of the bus have worn out. The body and parts of the bus caught rust and due to the attachment defendant No.2 has lost its earning and incurring loss and damages. In the circumstances, I am inclined to reduce the surety amount in the sum of Rs.2,50,000 (Rupees Two Lacs Fifty Thousand Only). The application stands disposed of with no order as to costs. H.B.T./F-46/K Order accordingly.