KARACHI: SHC orders interim attachment of killer bus
By Our Reporter
KARACHI, April 1: Justice Ataur Rahman of the Sindh High Court ordered on Monday interim and provisional attachment of a minibus that killed both mother and father of four minor children in a road accident.
A suit, under the provisions of the Fatal Accidents Act of 1855, claiming compensation of Rs1.85 million was filed with the SHC by counsel Nasir Masood on behalf of the children.
Justice Rahman passed the attachment order in the suit filed on behalf of Aisha, aged 14, Kulsoom, aged 12, Bushra aged eight, and one son Mohammed Siddique, aged nine, who have claimed Rs1.85 million as compensation against Mohammed Iqbal, Abdul Quddus and Jabbar Khan, the owners and driver, respectively, of the vehicle involved in the accident.
It was alleged in the plaint that on October 25, 2001 the driver of the said minibus driving in a rash, negligent and careless manner on the main Rashid Minhas Road, while driving from Gulshan-i-Iqbal, reached opposite Riaz Autos in Block-21, Federal B-Area, he hit the pedestrian parents of the minor plaintiffs in an excessively high speed.
As result, father of the plaintiff received severe injuries on his head, ribs and legs and died on the spot, and their mother died the next day in the JPMC where she had been admitted in an unconscious state.
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 minibus bearing No JE-6560 (route D-7) was sought on the grounds that the owners were attempting to hand over the bus to some other person on an open letter basis, and in this way third-party interest was apprehended to be created which could further obstruct the realization of the decretal amount.
Nasir Maqsood, the counsel for the plaintiff, argued that his client had suffered a lot as both their mother and father died on account of rash and negligent driving by the driver
of the minibus, as such there was no body to support them and their whole future career banked on the fate of the suit.
His further contention was that the transporters were contemplating to remove the vehicle from the jurisdiction of the Court to defeat the prospective decree, and in such eventuality the minor plaintiffs would not be able to take any step towards realization of the decretal amount due to their drawbacks and shortcomings.
It was, inter-alia, contended in the application that police authorities had released the minibus after the accident without having any solvent security, and the minibus was not insured by the owners for third-party risk which was mandatory under section 125 of the Motor Vehicles Act of 1939. As such, the minibus was the only tangible asset known to the plaintiff. Thus in case the decree in the compensation was passed, the plaintiffs would not be able to enjoy the fruits of the decree and it would be badly affected.
The plaintiff’s counsel also relied upon the precedent of superior courts in which interim orders of attachment before judgment had been granted in similar circumstances.
After hearing submission from the counsel, Justice Rahman ordered the SHO Federal B-Industrial Area, who released the minibus, to impound it and place it at the police station till further orders of the Court. The SHO was also told to detain the minibus safely at the police station and submit compliance report.
The Court also ordered the excise & taxation department, Motor Registration Wing, Karachi, not to transfer the vehicle in favour of any third party till further orders.
