MLD 2009

2009 PLP 652 (MLD)

Master MUHAMMADULLAH and 4 others — Plaintiffs Versus KARACHI ELECTRIC SUPPLY CORPORATION through Managing Director — Defendant

Jurisdiction / Court
Karachi
Decided Date
2008-May-19
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 2009 PLP 652 (MLD)
Forum / Court Karachi
Bench Members N/A
Parties Master MUHAMMADULLAH and 4 others — Plaintiffs Versus KARACHI ELECTRIC SUPPLY CORPORATION through Managing Director — Defendant
Primary Law Fatal Accidents Act (XIII of 1855)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2009 PLP 652 (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 652 (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 652 (MLD) (Master MUHAMMADULLAH and 4 others — Plaintiffs Versus KARACHI ELECTRIC SUPPLY CORPORATION through Managing Director — Defendant). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Fatal Accidents Act (XIII of 1855)

Representation

  • The widow of the deceased is present along with the brother of deceased namely Muhammad Zaman. The terms of the compromise application are read over to the widow and the next friend of the deceased and they have admitted and accepted contents of the application. A cheque of Rs.600,000 in the name of widow is given to her and photocopy and receipt of the same is kept on record and another separate cheque in the sum of Rs.600,000 is available with the advocate for the plaintiff and same is to be handed over to the Nazir which, on attaining the age of majority will be distributed amongst the legal heirs other than the widow as mentioned in the application. The Nazir of this Court is directed to invest the amount of Rs.600,000 in equal proportion at the rate of Rs.1,20,000 each in some profit bearing government scheme for the benefits of five minor plaintiffs. The widow Mst. Saeeda being mother of the plaintiffs and natural guardian ad litem would be entitled to withdraw the profit accrued on the deposited amount for the upkeep of the minor children on moving proper application before this Court.

Headnotes / Summary

S.1

Fatal accident

Amount of compensation

Distribution of amount among legal heirs of deceased

Cheque of amount of compensation as determined and received from defendant issued in the name of widow of deceased was handed over to her

Said amount was directed to be deposited in some profit bearing Government Scheme for the benefits of five minors of the deceased

Widow of deceased being mother of the minors and their natural guardian ad litem would be entitled to withdraw the profits accrued on the deposited amount for up keep of minor children on moving proper application before the High Court.

Judgment & Decree

DR. QAMARUDDIN BOHRA, J.

The learned counsel for the plaintiff has filed an application under Order XXIII, rule 3 C.P.C. which is taken on record. Office is directed to assign number to this application. The widow of the deceased is present along with the brother of deceased namely Muhammad Zaman. The terms of the compromise application are read over to the widow and the next friend of the deceased and they have admitted and accepted contents of the application. A cheque of Rs.600,000 in the name of widow is given to her and photocopy and receipt of the same is kept on record and another separate cheque in the sum of Rs.600,000 is available with the advocate for the plaintiff and same is to be handed over to the Nazir which, on attaining the age of majority will be distributed amongst the legal heirs other than the widow as mentioned in the application. The Nazir of this Court is directed to invest the amount of Rs.600,000 in equal proportion at the rate of Rs.1,20,000 each in some profit bearing government scheme for the benefits of five minor plaintiffs. The widow Mst. Saeeda being mother of the plaintiffs and natural guardian ad litem would be entitled to withdraw the profit accrued on the deposited amount for the upkeep of the minor children on moving proper application before this Court. In terms of the above the suit stands decreed with no order as to costs. H.B.T./M-62/K Order accordingly.