A civil court has admitted for hearing a suit seeking damages of over Rs116 million over the death of a motorcyclist, who died after allegedly being hit by a garbage truck belonging to the Sindh Solid Waste Management Board (SSWMB) in Orangi Town.
Uzma through her lawyer Usman Farooq filed the suit under the Fatal Accidents Act, 1855, naming the SSWMB through its chairman/managing director, the truck driver and owner as defendants. The senior civil judge (West) has admitted the suit for hearing and fixed April 22 for initial hearing, according to the lawyer.
In her suit, the plaintiff stated that her husband Umar Tariq tragically lost his life in a fatal road accident on the first day of Eid ul Fitr on March 21. She said that the truck, belonging to and operated under the supervision, control and authority of the SSWMB, hit her husband, who was on a motorcycle, in Gulshan-e-Bahar, Sector 16, Karachi. An FIR of the accident was also lodged at the Pakistan Bazar police station.
The plaintiff claimed that the driver drove the vehicle in a reckless and negligent manner in total disregard of traffic laws and safety regulations directly causing the fatal accident that resulted in the death of her husband. “It is pertinent to mention here that the said vehicle was in poor condition without proper maintenance,” she added.
She said that her husband, who was earning Rs61,792 a month, was the sole breadwinner of the family, supporting her and all dependents, meeting all domestic expenses and maintaining the family’s livelihood and standard of living. As a result of his wrongful and untimely death caused by the defendants’ negligence, the plaintiff said she and her dependents had been permanently deprived of this financial support and face a lifetime of financial insecurity and destitution.
The plaintiff said that SSWMB, as a public statutory authority entrusted by law with the responsibility of safe vehicle management and public service, owed a non-delegable duty of care to every member of the public, including the deceased. “SSWMB was further required under the Motor Vehicles Ordinance, 1965 and applicable traffic laws to ensure that all vehicles operated under its ownership are roadworthy, properly maintained and driven by licensed, trained and responsible drivers. The failure to discharge this duty renders Defendant No. 1 [SSWMB] primarily liable for the consequences of Defendant No. 2’s reckless driving,” read the suit.
The court was pleaded to order the defendants to jointly pay Rs11,65,42,229 to the plaintiff with a mark-up at the rate of 21% per annum on the decretal amount from the date of filing of the suit till the date of actual realisation.
