January 30, 2002	Wednesday	Ziqa’ad 15, 1422

KARACHI, Jan 29: Justice Wahid Bux Brohi of the Sindh High Court has ordered interim and provisional attachment of a private coach which was involved in a traffic accident.

As a result of the accident on December 19, 2001 in Orangi Town, the left leg of a four-year-old boy, Master Hammad, was amputated.

The court passed the attachment order in a suit filed on behalf of the minor plaintiff through his father, Muhammad Sohail Khan, who claimed Rs5.5 million damages for personal injuries against the owner and driver of Coach No JE-1273 plying the route of Awan Coach, namely, Salim Mirza, Mirza Hassan and Mir Hassan, respectively.

The suit came up for hearing on Monday on an application under Order 38 Rule 5 of CPC read with section 94 (b) and section 151 of CPC wherein attachment of the coach involved in the accident was sought on the grounds that the owners were attempting to hand over the bus in question to some other person on an open letter basis, and in this way third-party interest was apprehended to be created which could obstruct realization of the decretal amount.

Nasir Maqsood, counsel for the plaintiff, argued that the plaintiff was a minor and due to traumatic amputation of his left leg, he had become handicapped for all practical purposes.

His contention was that the transporters were contemplating to remove the vehicle form the jurisdiction of the court to defeat the prospective decree and in such an eventuality the plaintiff would not be able to take any steps towards realization of the decretal amount due to his drawback and shortcomings.

It was, inter-alia, contended in the application that police authorities had released the bus after the accident without having any solvent security and the bus was also not insured for third-party risk which was mandatory under section 125 of the Motor Vehicles Act of 1939. As such the coach was the only tangible asset known to the plaintiff.

Thus if decree in the compensation case was passed, the plaintiff would not be able to enjoy the fruit of the decree and it would be defeated badly.

The plaintiff’s counsel also relied upon the precedents of the superior courts in which interim orders of attachment before judgments had been granted in similar circumstances.

Justice Brohi, after hearing submission from the counsel, ordered provisional attachment of the coach, and also gave liberty to the court officials to seek assistance of police in effecting the process of attachment.

The provisional attachment was also directed to be conditional on furnishing of security to the extent of Rs one million. The court fixed Feb 18 for further proceedings in the matter.

Nasir Maqsood and Amir Maqsood, advocates, appeared for the plaintiff.