KARACHI, Dec 1: The Sindh High Court has summoned an insurance company and other defendants on Jan 15 to file written statement in a suit for the recovery of Rs1,57,00,000 on account of damages for personal injuries and amputation of the plaintiff’s leg.

Mohammed Naeem, through his counsel, Nasir Maqsood, has filed the suit in which M/s Adamjee Insurance Co Ltd, M/s Parents Voice, and Abdul Mannan, a driver, are the defendants.

It is the case of the plaintiff that he had received traumatic multiple injuries on account of a traffic accident which took place on Nov 28, 2000 in the police limits of Gizri. As a result of the accident, the left foot of the plaintiff was amputated.

The plaintiff claims that the driver of the van, driving in a negligent and rash manner, on his way from Chaudhry Khaliq-uz-Zaman Road towards Khayaban-i- Hafiz, violated the traffic signal near the Saudi embassy, and in the process dashed against a motorcycle on which the plaintiff was coming from Khayaban—Hafiz side and negotiated a turn on the right to move towards the direction of Saudi Embassy as his signal was green. Consequently, the plaintiff fell down and was dragged with the van for quite a good distance and received multiple traumatic injuries all over his body, particularly fracture of ribs and fracture of left foot.

The plaintiff has contended that the vehicle involved in the accident was registered in the name of the defendant No 2. The van was being driven by the defendant No 3, who was an employee of the defendant No 2.

The driver allegedly drove the van negligently on and rammed into the motorcycle of the plaintiff, resulting in multiple injuries to him. The defendant No 1 is the insurer from which the van bearing No EF-0153, involved in the accident, was comprehensively insured against all third-party risk arising out of the use of the said van by the defendant Nos 2 & 3 in case of any bodily injury in any accident.

The plaintiff gathered this information from the reply of counsel for the defendant No 2 dated March 26, 2001 in response to the legal notice of the plaintiff’s counsel dated March 13, 2001.

After having the knowledge of the name of the insurance company, ie, the defendant No 1, the plaintiff’s counsel wrote a letter to the defendant No 1 with particular reference to the van involved in the accident and its insurance certificate and called upon the defendant No 1 to assess and evaluate the extent of losses suffered by the plaintiff, coupled with past and present financial implication arising out of the accident.

Thereafter in view of the letter of the plaintiff’s counsel the insurance company referred the matter to its surveyors, M/s Ghafoor Associates (Pvt) Ltd, to make the necessary assessment in this regard. Accordingly, the surveyors approached the plaintiff and carried out the required survey but the plaintiff was not supplied any copy of the survey/evaluation report nor any progress was made towards amicable settlement of the claim of the plaintiff.

The plaintiff’s counsel once again, on June 8, addressed a letter to the insurance company calling upon it to take steps towards settling the claim of the plaintiff in view of the evaluation made by their surveyors. But neither the plaintiff nor his counsel received any reply in any manner whatsoever until now. Hence the plaintiff was compelled to approach this court for redressal of his grievances.

The examination of the plaintiff in Jinnah postgraduate Medical Centre and PN Shifa hospital reveals that the plaintiff had suffered multiple injuries which have resulted in Syme’s Amputation of the left foot, rendering the plaintiff to be permanently disabled due to loss of the left foot.

The plaintiff claimed that his severe injuries were due to wrong and negligent act of the defendant No 3. The defendant No 1, being the insurer of the offending van, was liable to cover the said risk in the case of the plaintiff. Besides, the defendants were liable jointly and severally to pay the compensation to the plaintiff as prayed in this suit.

The plaintiff claimed that as a result of the accident, he had been absolutely crippled and disabled on account of amputation of the left foot and aforesaid multiple fractures.

Following his accident the plaintiff is unable to earn his livelihood to take care of his family and give his children a reasonable education.