1997 PLP 631 (CLC)

There is nothing in the cross‑examination to challenge or to rebutt the above statement of the witness‑‑Raisuddin Ahmed. The witness has also stated that apart from going in wrong direction, the bus was also being driven at a fast speed. It is clear from the above statement that the bus was not only being driven at a fast speed but that it was on the wrong side of the road. The accident was, therefore, obviously caused by the rash and negligent driving of defendant No.2. ISSUES NOS.2. 3 AND 4: These issues are inter‑connected and are being considered together. In consequence of the finding that the accident and the consequent death of the deceased were caused by the rash and negligent driving of the defendant No.2, the legal heirs of the deceased are obviously entitled to receive compensation. The deceased was 21 years old when he died and could be expected to live for another 44 years. The witness Muhammad Ahsan has deposed that the deceased used to draw a salary of Rs.767.77 per month; and that evidence has not been challenged. On the basis of these facts, Mr. Nasir Maqsood submits that the income which the deceased would have earned should be calculated at the rate of Rs.767.77 per month up to 1992 and, for the remaining period of 37 years at the rate of Rs.1,500 per month because a that time that was the amount of minimum wages prescribed under the law. Mr. Shafaat Hussain does not as, indeed, he cannot contest this position. The legal heirs of the deceased are, therefore, entitled to receive compensation amounting to Rs.7,30,428 as follows:‑‑ (a) Income at the rate of Rs.767 per month for the period of 7 years from July, 1985 to 1st July, 1992 Rs.64,428 (b), Income for the remaining period of 37 years at the rate of Rs.1,500 per month Rs.6,66,000 (c) Increment at the rate of 20% of Rs.7,30,428 Rs.1,46,085 Total Rs.8.76.513 (d) Deduction on account of personal expenses of the deceased equal 1 /6th of gross income Rs.1,46,085 Net income Rs.7,30,428 They are also entitled to costs and interest on the aforesaid amount at the rate of 14% p.a. from the date of the suit till payment. The suit is, therefore, decreed accordingly. The defendants shall deposit the decretal amount with the Nazir of this Court who will dispose of the same in the following manner:‑‑ (1) Mst. Sabiha Riffat Naz (widow) 50 % (2) Salman Shahzad ! (3) Miss Najamus Sahar ! The balance of 50% of the compensation be divided equally among these legal heirs. (4) Miss Shamim Afshan ! (5) Miss Sadia ! The legal heirs mentioned at Serial Nos.2 to 5 above being minors, their shares will be deposited by the Nazir in Defence Saving Certificates. A. A./S‑61 /K Suit decreed.