KARACHI: Court decrees compensation in road accident case
By Our Staff Reporter
KARACHI, Aug 15: The Sindh High Court decreed over Rs10 million in favour of dependants of two persons run over and killed by a trailer of the National Logistic Cell. Ms Hafeeza, wife of Ghulam Husain, and Ms Amie, wife of Mohammad Husain, driver and cleaner, respectively, of a truck, submitted through Advocate Nasir Maqsood that their husbands were looking into some fault developed by their vehicle after parking it safely on the kutcha portion of the roadside. They were proceeding from Ghagar Phatak to Quaidabad and parked their truck near Gulshan-i-Hadeed. An NLC trailer came from behind and hit the stationary vehicle. The accident occurred ON May 25, 1995. Both died as a result.
Citing the NLC, the federal ministry of planning and development and trailer driver Mohammad Sadiq as defendants, the plaintiff women demanded over Rs15 million in damages for 20 children of the dead from them and the second wife of Mohammad Husain. They said the accident was caused by sheer negligence of the NLC driver and all three defendants were liable jointly and severally to compensate them for the loss of their only bread earners.
Appearing for the defendants, Advocates Abdur Rauf and Irtiza Husain Zaidi argued that the truck was not safely parked by the deceased, who were equally to blame for the accident. The deceased were crushed under the wheels of their own vehicle, which also struck the trailer as it drove past the main road.
Justice Rehmat Hussain Jaffery awarded damages amounting to over Rs10 million in the two separate suits and directed that the amount be shared by each legal heir in accordance with the Islamic law of inheritance. The defendants would pay mark-up at the rate of 14 per cent till the date of payment of the decretal amount.
