KARACHI, Jan 9: Justice Khilji Arif Hussain of the Sindh High Court decreed on Thursday three identical suits for an aggregate sum of Rs5.895 million for recovery of death compensation on behalf of legal heirs of three victims, who died in an accident at an open level crossing in Karachi.

Legal heirs of victims Syed Mohiuddin Ahmed, Muhammad Aslam and Sajjad Ahmed filed suits under the provisions of the Fatal Accident Act of 1855 and impleaded the federation through the secretary ministry of railways, Pakistan Railways, Karachi Division, and its station master for compensation amounting to Rs5,930,000, Rs5,000000 and Rs9,595,000, respectively, on behalf of statutory beneficiaries, including widows, parents and minor children.

Nisar Maqsood, advocate, on behalf of the legal heirs, stated that on March 1, 1990 Syed Mohiuddin Ahmed and Muhammad Aslam were proceeding to Cattle Colony from Quaidabad in a car. In between there was the manned Juma goth railway crossing having iron bars on both sides to be controlled by railway staff through a switch in a cabin installed near the crossing.

He stated that when the car of Mohiuddin Ahmed and Aslam reached the railway crossing, its driver found the gates of the crossing open with green lights on. But when the car reached the railway line, it was hit by a railway engine coming at full speed. The railway engine also hit two other cars.

Mohiuddin Ahmed and Muhammad Aslam died on spot. Sajjad Ahmed, who was in another car, died on the way to hospital. Railway authorities in written statements denied their liability.

The court order said: “It is established that railway authorities have been negligent in taking proper care which resulted in the deaths of Syed Mohiuddin Ahmed, Sajjad Ahmed and Muhammad Aslam.”

Justice Khilji decreed all the three suits and granted Rs2,000,000 in favour of the father, the widow and two minor children of Muhammad Aslam, Rs1,745,000 in favour of the widow, parents and two minor children of Mohiuddin Ahmed alias Aftab and Rs2,150,000 in favour of old parents, the widow and two minor daughters of Sajjad Ahmed.

The judge also granted mark-up at the rate of 10 per cent per annum to be charged on the decretal amount till realization. The defendants were asked to satisfy the decrees within 60 days.—PPI