KARACHI: SHC issues summons to bank in suit for damages
By Our Reporter
KARACHI, Sept 14: The Sindh High Court has issued summons for Oct 10 against M/s Askari Commercial Bank Ltd, through its manager Kehkashan, Clifton, branch, in a suit for the recovery of Rs3,850,000 filed by Lt-Col Khurram Zahoor Butt, pertaining to personal injury claim.
In the suit, filed through Nasir Maqsood, advocate, the plaintiff has claimed that he suffered severe injuries to his left hand on the night of 8/9th July 2001 at the ATM of Clifton branch of the defendant.
On July 8, 2001, the plaintiff was moved from Pano Aqil to Karachi for onward movement to Gawadar with his unit for official duties. As he reached Karachi, he, with his colleagues, Lt-Col Khalid Mehmood Khan and Major Sajid Yaqoob, went to the ATM room of the defendant bank situated at its Clifton branch near the Schon Circle to get some cash withdrawn for his personal use on his way to Gawadar.
Firstly, Lt-Col Khalid Mehmood Khan entered the ATM room to operate the facility and came out. Thereafter the plaintiff also followed and went inside the ATM box and after the operation he pulled the handle of the door to open it for his exit, all of sudden a huge and heavy door glass broke and came out of the frame/panel and fell on the left hand of the plaintiff, causing deep wounds and cutting of the veins and tendons of the fingers and also caused excessive bleeding.
The plaintiff was immediately rushed to Mid-East Hospital for treatment, but due to non-availability of vascular and neuro surgeon over there, only first- aid treatment was given to him, and he was advised to immediately move to another hospital where a vascular or neuro surgeon might be available.
The plaintiff, thereafter, was rushed to PNS Shifa by his aforesaid two companion officers. The surgeons on duty over there examined the deep wounds and the plaintiff was told that in addition to severe damage to blood vessels, arteries and veins, two tendons of his left hand had been completely cut and would require surgical treatment. Accordingly, the plaintiff underwent a major surgical operation for repair of tendons and laceration. The plaintiff remained hospitalized from July 8 to 23, 2002.
It is his case that he suffered severe lacerated wounds/ injuries on account of the said incident to his left hand.
It is his case that the defendant being an occupier of the ATM box premises was under common law duty bound to take care to ensure that any visitor, like the plaintiff, who comes to operate the ATM box will be reasonably safe.
The investigation by the plaintiff revealed that the said door/frame was a recent addition to the ATM box and was not fixed/fastened properly. It was the alleged gross negligence on the part of the bank which caused the said accident on account of lack of foresight on the part of the bank and it failed to repair the fault in time.
