KARACHI, March 24: The Sindh High Court decreed on Wednesday a three-million-rupee suit for damages against the Pakistan Steel management for an employee's death by negligence in September 1994.
The suit was filed by the widow (Dr Roohi Farnaz) and children (Aasim, 9, Mohammad Talha, 6, and Maliha, 4) of Raja Tariq Kazim through Advocate Nasir Maqsood. The 38-year-old employee died of severe burns received by him in an industrial accident at a PS plant.
The counsel submitted that Tariq Kazim was required to maintain a kiln at the PS lime shop, which ceased functioning due to a technical defect on Sept 5, 1994. He was asked by his officers to remove the defect. He and other officers/staff entered the kiln to see the position of lime rings developed by it.
As he tried to break one of the rings, a big piece broke loose of it and he was engulfed by hot lime dust. He received serious burns all over his body. He was removed to hospital after considerable delay because of late arrival of an ambulance, which subsequently developed a fault. The employee succumbed to his injuries 10 days later.
Justice Amir Hani Muslim, who heard the suit, referred to superior court judgments,declaring that once the fact of accident was established by the plaintiffs, the burden to show that there was no negligence shifted to the defendants.
The judge also applied the doctrine of 'res ipsa loquitor' stipulating that if an accident was shrouded by hazy circumstances, it was for the defendants to show that it was not caused by their negligence.
Justice Muslim observed that it was deplorable that the PS had no medical facility to provide emergency aid to the employee. The PS could also not get him admitted to hospital soon after the accident. It was also incomprehensible why the employee was taken to a hospital 40 kilometres away, he said.
The judge directed the PS chairman to personally look into the shortcomings of his organization and take immediate steps to remedy the situation. Ambulances should be kept available at the PS medical centre, where proper arrangements should be made for treating burn injuries or at least for providing emergency care.