Court awards Rs10m to man who lost leg in 1992 KTC bus accident

KARACHI: A civil court has ordered the Sindh government to pay Rs10 million in compensation to a man whose right leg was amputated after he was struck by a Karachi Transport Corporation bus in 1992, bringing to a close a case that had remained pending for more than three decades.

Senior Civil Judge (South) Sher Muhammad Kolachi held the Sindh government and the bus driver jointly and severally liable, and also directed that the plaintiff be paid markup at 15 per cent per annum from the date the suit was filed until the amount is realised.

The plaintiff, Kishan Lal, had filed the suit in 1994 before the Sindh High Court against the KTC bus driver and the Sindh government, seeking Rs10m in damages. His counsel, Faraz Faheem, said the matter remained pending in the high court from 1994 and was transferred last year to a civil court after amendments to the Sindh Civil Courts Amendment Act, by which stage the case had already reached final arguments.

After recording evidence and giving both defendants repeated opportunities to appear, the court noted that they did not contest the proceedings. The order said the compensation covered pain and suffering, mental agony, loss of amenities of life, reduced earning capacity, medical expenses, future hardship and other special damages resulting from rash and negligent driving by the defendant.

Faheem said the incident took place in March 1992, when Kishan Lal, then 27, was standing at a bus stop on Korangi Road. He said the KTC bus hit him after its driver allegedly lost control of the vehicle, causing severe injuries that led to the traumatic amputation of his right leg. He further argued that the injuries were caused by the negligence of both the driver and his employer, the provincial government.

In its detailed order, the court said neither defendant produced independent evidence to counter the plaintiff’s case. It observed that the case against the driver proceeded ex parte, while the Sindh government, despite being given sufficient opportunities, also failed to lead evidence.

"Therefore, the evidence adduced by the plaintiff remained uncontroverted and inspires confidence," the court observed.

The order also noted that Kishan Lal had been earning his livelihood by cutting leather, work that required mobility and standing for long periods. The court said the permanent loss of his leg had sharply reduced his ability to earn.

It further held that the disability had consequences beyond physical movement, affecting his social life, marital life, self-esteem and future prospects, while depriving him of the normal enjoyments and amenities of life. The court said the permanent disability and disfigurement would continue throughout the rest of his life and warranted compensation under multiple heads, including pain and suffering, permanent disability, loss of amenities and future hardship.

Since the decree has been passed against the government, the court granted the provincial government three months under Section 82 of the Code of Civil Procedure to satisfy the decree. It ruled that if the amount is not paid within that period, the matter would be reported to the provincial government for appropriate orders under the law, and no execution proceedings would begin before the expiry of the statutory period.