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Road accidents are one of the leading cause of deaths

in Pakistan. The people who die on the roads in Pakistan majorly

include those falling in the age bracket of 15-29. According to a 2014

report by World Health Organization, 30,310 or 2.69% of people in

Pakistan die due to road accidents each year. This means that about

20 people out of 100,000 die in road accidents in a year, making

Pakistan rank 67 in the world for a higher percentage of road traffic

accidents. A report in 2013 by World Health Organization stated that

by 2030, road accidents will become 5th major cause of deaths.

From the data collected over the past 10 years, fifteen

people die each day in traffic accidents across Pakistan. Punjab has

proven to have the highest road accident deaths, followed by Sindh,

Khyber Pakhtunkhwa and Balochistan. From a report released in

2014, by the Pakistan Bureau of Statistics, a total of 8,885 accidents

were registered by police authorities out of which, 4,672 people were

killed. The figures mentioned are of those recorded by the

authorities; this means that the numbers will be larger, considering

unreported incidences.

Most of the accidents are the result of aggressive and

careless driving of bus drivers who never care about the passengers

as well as the other traffic on the road. One reason behind their

carelessness is the fearless attitude of their owners. The owners of

vehicles simply know that they are not accountable in any criminal

court. Hence, they do not even think about the miseries of a poor

family which start from an accidental death. The only way to stop or

minimize the fatal road accidents is to penalize not only drivers but

the owners of vehicles/companies by imposing heavy damages, so

that they keep a vigilant eye upon their employees/drivers.

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The legal heirs of a deceased person can avail civil as

well as criminal remedies under the law. Under Criminal Law,

causing of Qalt-i-Khata by rash or negligent driving is punishable

with imprisonment of either description for a term which may be

extended upto 10 years in addition to Diyat u/s 320 PPC. In some

cases when it is found that the case of the accused comes under the

ambit of Qatl-bis-Sabab, he may be punished u/s 322 PPC. The

other remedy is a civil suit for the recovery of damages under Fatal

Accidents Act, 1855.

In our society people ordinarily prefer to initiate

criminal proceedings against their opponents in order to get them

punished. It is unfortunate that when the modern world was shifting

its legal system from conviction and imprisonment towards

damages, we shifted ourselves towards the other side, the wrong

side. After 1980s the trend of litigants shows that they very often

approach the courts for recovery of damages, consequently very few

cases of recovery of damages under Fatal Accidents Act 1855 are

pending in the courts.

The importance of initiation of civil proceedings under

Fatal Accidents Act 1855 has been discussed in the following

pages.

The criminal trial starts from investigation, which is to

be conducted by any investigating agency, then it comes in the

hands of a public prosecutor. A criminal prosecution is always a

burden upon the public exchequer. The criminal proceedings even

ended in favour of the complainant do not give any benefit to him

except a mental satisfaction that the wrong doer has faced the

music. However, an action for recovery of damages if ended in favour

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of the plaintiff shall give him monetary benefit along with his mental

satisfaction. It is true that civil litigation is a long rather boring

procedure but its fruits are sweeter than the criminal trial. Damages

recovered under Fatal Accidents Act 1855 may change the fate of a

whole family. The damages cannot return the beloved deceased of

the plaintiffs. However, by recovery of these damages the family can

educate its children and in this way the family can change the fate

of their dependents. It is also not out of place to mention that the

accused of rash and negligent driving are ordinarily the poor drivers

who are unable to pay the amount of Diyat. Whereas, in a suit for

recovery of damages under Fatal Accidents Act, 1855 the owner of

the company is vicariously liable to pay the damages relying upon

the principle the “Rich has to pay” Therefore, it is easy to get

damages instead of the amount of Diyat.

VICARIOUS LIABILITY

There is no concept of vicarious liability in criminal law.

If the owner of a Bus or Troller has not actually participated in the

accident, he cannot be tried. On the other hand, the most important

aspect of suits under Fatal Accidents Act 1855 is that the actions

under this Act are always decided keeping in view the principle of

vicarious liability. The fatal accidents are ordinarily caused by

passenger busses or trollers owned by big companies. The drivers of

those vehicles are poor people having nothing to help the family of

deceased. However, whenever a suit is brought, the owners of the

vehicle causing the fatal accident have always been held responsible

to compensate through damages the family of the deceased.

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THE PRINCIPLES FOR GRANT OF DAMAGES

The criminal proceedings even ending in favour of the

complainant may enable him to get the amount of Diyat which is

ordinarily granted keeping in view the amount prescribed by the

government through a notification every year. However, the

principles upon which the compensation is granted in the actions

under the Fatal Accidents Act are flexible and while awarding the

same the Court has to take into consideration the various aspects

of the matter like age, sex, nature, intensity, duration, resulting pain

and possibility of total or partial recovery, aggravating or mitigating

condition, effect on over all quality of life so as to compensate

plaintiff as far as possible in terms of money.

In this way the amount of compensation in a suit under

Fatal Accidents Act, 1855 can be much higher than the amount of

Diyat.

LATEST CASE LAWS

The study of latest case laws on the subject reveals that

almost in all cases the compensation has been granted to the legal

heirs of the deceased persons. The crux of the latest case laws

available on the subject is reproduced as under:-

Sr. Title of the case Citation Brief summary

No.
1. National Logistics 2015 SCMR National Logistics Cell (NLC)
Cell Vs. Irfan Khan 1406 being owner of the vehicle and
and others. employer of the driver has been
directed to pay compensation
Rs.2709743/- to the legal heirs
of deceased. The principle of
vicarious liability has also been
discussed.
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2 Haq Nawaz Vs. 2017 CLC The owner and driver of the
Malik Muhammad Note 152 vehicle causing fatal accident
Sher through LRS Lahore have been directed to pay
and others. Rs.4980970/- as compensation.
The impression “Family” in the
Fatal Accidents Act has also
been interpreted in this
judgment.
3 Mst. Farzana 2005 MLD In this case, the driver and
Shabbir and others 401 owner of Hino Truck which
Vs. Islamic Republic Karachi. caused fatal accident and killed
of Pakistan through one 33 years old persons who
Secretary, Ministry was driving his Suzuki Car have
of Defence and been directed to pay
others. Rs.3444000/- as compensation
to the family of the deceased.
4 Mst. Muqaddas and 2018 MLD Deceased 36 years of age, a head
6 others Vs. Karachi 1054 constable in traffic police, died
Electric Supply Sindh. on account of electrocution by
Corporation LTD coming into contact with
through Managing electricity pole. KESC has been
Director directed to deposit an amount of
Rs.5714535/- as compensation
to the family of deceased.
5. Province of Sindh 2013 MLD Accounts of Finance
through Secretary 2016 Sindh Department, Government of
Finance Department Sindh were directed to be
Vs. Aijaz & 6 others. attached by the Hon’ble Sindh
High Court for the payment of
compensation to the legal heirs
of the deceased

WHAT PRACTICALLY MAY BE DONE

It is true that our legal system is slow in conclusion of

civil cases which has forced the people to go for criminal

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proceedings. However in cases of Fatal Accidents, following legal

methods can be used to get an efficacious civil remedy.

 A suit for the recovery of damages under the

Fatal Accidents Act, 1855 may be filed.
 The owner of the vehicle causing fatal accident
should be sued under the principle of vicarious
liability.
 An application for attachment before judgment
for the attachment of the vehicle causing fatal
accident may be filed alongwith the plaint under
Order XXXVIII of CPC.

If the above mentioned procedure is followed, there is

every possibility that the owner of the vehicle will try to compensate

the legal heirs of the deceased. When a suit for recovery of damages

under Fatal Accidents Act, 1855 is decreed, the vehicle attached

before the judgment can be sold out for the recovery of the damages.

Furthermore, the funds of the company whose vehicle caused the

fatal accident or the owner of the vehicle may be attached. In this

way, the legal heirs of a deceased of a fatal accident may be

compensated.

Shahid Nadeem Butt,

Senior Civil Judge-Cum-
Magistrate (Criminal Division),
Mandi Bahauddin.