KARACHI: A local court in Karachi has ordered a waste management company and its driver to jointly pay Rs42.7 million in compensation to the family of a motorcyclist who died after being hit by a garbage truck in North Karachi eight years ago.
The ruling, issued by Senior Civil Judge (South) Sheikh Abbas Mehdi, came in a civil suit filed in 2017 under the Fatal Accidents Act, 1855, and transferred from the Sindh High Court earlier this year.
According to the judgment, the accident occurred due to the negligent driving of a Hino truck (registration number JV-0553) owned by M/s Nisar Jan & Co. Waste Management System and operated by its employee, Daniel Masih. The vehicle struck the motorcycle from behind near Bathul Inam Flats, killing 31-year-old Umer Yaseen Ansari and injuring his companion, Ghayasuddin.
The court noted that the defendants did not effectively contest the evidence, which included medical and inquest reports as well as the testimony of the injured eyewitness. It further observed that drivers of heavy vehicles are legally bound to exercise heightened care, as minor negligence can result in loss of life.
Rejecting the defence’s argument that the driver’s criminal acquittal absolved him of responsibility, the court held that such an acquittal has no impact on civil liability. Two other companies were also removed from the case for being unnecessarily included.
Citing the principle of vicarious liability, the judge ruled that the employer and driver were jointly and severally responsible for paying Rs42,762,959 to the deceased’s heirs. The amount must be deposited with the Nazir of the court within 30 days, along with a 10% annual markup from the date the suit was filed until full payment.
The court directed the Nazir to distribute the compensation among the legal heirs according to Muhammadan law.
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