MOHAMMAD ALI TARIQ vs THAI AIRWAYS INTERNATIONAL through CEO/Manager First Sched — 2024 PLD 227 ISLAMABAD

Case information

Citation: 2024 PLD 227 ISLAMABAD
Court: Islamabad High Court
Year: 2024
Reporter: PLD
Parties: MOHAMMAD ALI TARIQ vs THAI AIRWAYS INTERNATIONAL through CEO/Manager First Sched
Subject matter: Criminal
Provisions referred to: Civil Procedure Code (V of 1908); Air Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MOHAMMAD ALI TARIQ VS THAI AIRWAYS INTERNATIONAL through CEO/Manager First Sched., Chapt. III, R. 17---Civil Procedure Code (V of 1908), O. XXII, R.26---Suit for recovery of damages---Right to sue---Death of plaintiff---Effect---Suit filed by appellant/plaintiff for recovery of damages was dismissed by Trial Court---During pendency of appeal before High Court appellant/plaintiff died---Plea raised by respondent/ airline was that appeal had abated due to death of appellant/plaintiff---Validity---Distinguishing feature between a 'right to sue' that survives death and one that does not is whether the right was a personal right of action---Right immediately connected with individuality of deceased does not survive---Personal right of action arising from tort cannot be distinguished from such right arising out of contract and/or under statute for the purpose of surviving death---Liability of carrier in the event of wounding of a passenger or any other bodily injury suffered by passenger pursuant to R. 17 of Chapt. III contained in the First Sched. to Carriage by Air Act, 2012, is a personal right connected with the passenger and as such dies with such passenger---If death occurs after conclusion of hearing but before pronouncement of judgment, it may be pronounced irrespective of whether cause of action survives or not---High Court declined to interfere in judgment and decree passed by Trial Court---Appeal was dismissed, in circumstances.

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