A civil court in Karachi has decreed against K-Electric in a fatal accident case, and directed KE to pay an aggregated Rs50,621,000 as compensation to the legal heirs of a man and his son who had died due to electrocution.
Wajahad Muslim and Uzma Khan had filed a lawsuit for damages against the death of their spouses due to KE’s negligence. According to the lawsuit, Khurrum Shahab and his father Mohammad Muslim were returning from their factory to DHA on August 17, 2006.
When they got out of their automobile and into the rainwater accumulated due to a downpour, they came into contract with a snapped electrical wire that had been stretched overhead across electricity poles by KE, with both men getting electrocuted to death.
The plaintiffs’ counsel Nasir Maqsood said KE had failed to implement a proper system of periodical check-ups necessary for detecting and replacing rusty and potentially dangerous wires. KE had failed to remove the fragile and rested wires, such as the wire that was the direct cause of Khurrum Shahab and Muslim’s deaths, which were unable to withstand the rain that is a predictable seasonal occurrence in Karachi, he added.
Maqsood said the deceased were businessmen, and after their deaths, the business had come to a virtual halt and had to be closed down to avoid loss therein. KE questioned the maintainability of the lawsuit, and said the defendant is responsible for generation, transmission and distribution throughout Karachi and its adjoining areas, and it had during all material times complied with safe, secure transmission and maintenance of its power lines.
The court said that although this is a case of damages to the extent of the death of Khurram Shahab only, it is now firmly established that Khurram Shahab and Muslim Shahab succumbed to electrocution together in 2007 due to the negligence of the defendant.
The court said that rather than apologising and compensating the beavered family, the defendant chose to deny the occurrence of the incident without any substantial basis, thereby seeking to deprive the mother and the widow of the deceased Khurram Shahab, and their two minor children, of their legal right to compensation.
The court said that monetary compensation cannot restore the life of the deceased, but such compensation, if disbursed in a timely manner, could significantly contribute to the welfare and future prospects of the legal heirs, particularly in terms of the minors’ education and overall well-being.
The court said that the conduct exhibited by the defendant is not only disappointing but also disrespectful towards the deceased and their surviving family members. The court said that the tragic loss of two primary breadwinners due to the negligence of KE has left behind two widows and two minors.
The court said that instead of offering support to the bereaved family during this critical period, the defendant has attempted to divert attention by asserting that the electrocution was caused by current emanating from the wall of a private residence. The court said that the negligence of the defendants has been proved, so KE shall pay the compensation, and in addition to the damages, the defendant shall offer an unconditional apology to the bereaved family, which shall be disseminated through both leading electronic and print media.
The court said KE is neither retaining proper record, nor upgrading/replacing old, rusted and sagged wires detrimental to public, while the installation of guard wire mechanism also raises serious questions.
The court directed the National Electric Power Regulatory Authority and the Ministry of Energy (Power Division) to ensure that life of public/consumers, who are paying inflated electricity bills, are secure and protected.
The court directed the authorities to take immediate steps to ensure that this city of lights has a working mechanism of guard wire, and that KE is adopting all safety protocols to ensure safety, periodical check-ups and maintenance as required under law.
