KARACHI, Dec 28: Justice Khilji Arif Hussain of the Sindh High Court has decreed over Rs4.88 million as compensation to be paid by the federal ministry of health and a driver employed by it to the father, widow and mother of two persons fatally injured by him in a road accident.

Javed Akhtar Khan, 35, and Saleem Ahmad, 30, who were riding motorcycles, were severely injured when they were hit by a truck on the descending portion of the Nazimabad overhead bridge on May 30, 2003. They died in different hospitals on the following June 24. Javed Khan left behind his father (who sued for damages) and a widow and Saleem Ahmad his widowed mother.

They claimed different sums as compensation totaling over Rs14.37 million through Advocate Nasir Maqsood under the Fatal Accidents Act.

The health ministry and its driver, Munawwar Khan, who was driving a garbage truck carrying federal government hospital waste, were cited as defendants.

The plaintiffs said the truck was being negligently driven when it rammed the stationary motorcycles from behind. The deceased were waiting for green signal before the accident. The ministry was responsible for ensuring roadworthiness of the vehicle and competence of its driver. They lost the only earning members of their families due to the accident. Their counsel also adverted to Article 9 of the Constitution guaranteeing the right to life and the provisions of the Motor Vehicles Ordinance.

The ministry said the driver was duly licensed and was driving the truck diligently. The brakes of the vehicle failed as it descended the bridge and the driver’s attempt to slow it down and save the motorcyclists could not succeed.

The court held that the defendants were liable under the law and awarded compensation amounting to over Rs3.7 million to Javed Akhtar’s father and widow; and over Rs1 million to the mother of Saleem Ahmed together with interest at the rate of 12 per cent till the date of payment.