A GRIEVING daughter has welcomed a court's decision not to jail a speeding driver who killed her 80-year-old dad as he crossed a road.

Akbar Niazi died two months after suffering a fractured neck and enduring several operations following the collision with a VW Passat on Wigan Road, Deane on New Year’s Eve 2018. He died in hospital on February 20.

Driver Arif Ali, aged 42, of Cranberry Drive, Bolton, had been driving at 44.7 mph on the road, which has a 30mph limit.

“If the Volkswagen had been travelling at 30mph it would have travelled 42 metres in 3.1 seconds and therefore the victim would have cleared the road and the collision would have been avoided without the defendant having to reduce speed or take any action whatsoever, “ said Richard Greenhough, prosecuting.

At Bolton Magistrates' Court Ali was sentenced to 24 weeks in prison, suspended for 12 months.

Speaking after the hearing, Mr Niazi's daughter, Rozanna Niazi said: "I wouldn't, personally, have wanted anyone to be sent to prison. What's the point of another family losing their father and husband? It seems like justice."

The court heard how at about 6.30pm on New Year's Eve Mr Niazi, who was described as extremely fit and healthy, was crossing Wigan Road not far from the Co-op supermarket.

Mr Greenhough said: “The victim, on seeing the defendant’s vehicle, started to run across the road when the defendant’s vehicle sounded its horn, attempted to swerve out of the way but ultimately collided with the victim."

Magistrates were told that Mr Niazi hit the side of the Passat.

Ali remained at the scene and tested negative for drink or drugs and following Mr Niazi’s death, pleaded guilty to causing death by careless driving.

Members of Mr Niazi’s family were in court as Ali was sentenced.

In a victim statement Rozanna Niazi said: “The fact that he hadn’t died [immediately] but sustained had such awful injuries undoubtedly made the situation harder to deal with. No one wants their loved one to die but he had so many injuries and his suffering was utterly painful for everyone to observe."

Mr Niazi was paralysed from the neck down, unable to move, swallow for himself or perform normal bodily functions and died, suddenly, from choking.

His daughter told how the married grandfather-of-three was exceptionally youthful, took care of his diet, often walked two miles into Bolton and would sometimes visit the mosque up to three times a day.

Mr Niazi, who was devoted to his wife, was a respected tribal elder in his home area of Pakistan and contributed to the running of a hospital and schools.

"We all expected dad to be around into his 90s or longer," said Ms Niazi.

Shahid Ali, defending, told how Ali, who is involved in his family's shopkeeping business, wanted to apologise to Mr Niazi's family.

He added that Ali had been devastated, suffering "shock and horror" at learning of the extent of Mr Niazi's injuries and subsequent death and has sought counselling.

Magistrates were told that Ali has two previous convictions for speeding.

Ali stood in the dock as he was sentenced to 24 weeks in prison, suspended for 12 months. He will be electronically tagged and subject to a 8pm to 5am curfew for 12 weeks and was banned from driving for two years. Ali was also ordered to pay £200 in costs and charges.

Chairman of the bench, Manu Mistry told him: "This has been a difficult case for us to sentence. It is regrettable that the parties had to attend court in such tragic circumstances.

"There is no punishment that any court can impose that can mitigate a loss of life."

Afterwards Ms Niazi said her family were satisfied with the sentence.

"It seemed very fair," she said. "Nothing is going to bring my dad back.

"It is a very sad loss, not only for me but our extended family. He will be sorely missed."