Tuesday, July 21, 2026
 

After three decades of court battle, man crippled in bus accident awarded Rs10m compensation in Karachi

 



KARACHI: A civil court has ordered the Sindh government to pay Rs10 million in compensation to a pedestrian whose right leg was amputated after he was hit by a Karachi Transport Corporation (KTC) bus in 1992.

The plaintiff, Kishan Lal, had filed a lawsuit against the driver of the KTC bus and the Sindh government before the Sindh High Court in 1994, seeking Rs10m in compensation from the defendants.

However, counsel for the plaintiff, Faraz Faheem, told Dawn that the suit had remained pending before the SHC since 1994. Last year, it was transferred to a civil court after amendments to the Sindh Civil Courts Amendment Act, by which time the case had reached the stage of final arguments.

After recording evidence and granting both defendants sufficient opportunities to appear before the court, it noted that they failed to contest the proceedings. Senior Civil Judge (South) Sher Muhammad Kolachi, therefore, ordered both defendants to pay Rs10m jointly and severally to the plaintiff.

Judge holds Sindh govt, KTC driver jointly liable; orders 15pc annual markup from the date suit was filed

The court held that the compensation covered pain and suffering, mental agony, loss of the amenities of life, diminished earning capacity, medical expenses, future hardship and other special damages suffered by the plaintiff as a result of the defendant’s rash and negligent driving.

“Since the decree has been passed against the government, in terms of Section 82 CPC [Code of Civil Procedure]: A period of three (03) months from the date of this decree is hereby granted to the government for satisfaction of the decree. In case the decree is not satisfied within the aforesaid period, this court shall report the matter to the provincial government for appropriate orders as required under law. No execution proceedings shall be initiated until the expiry of the statutory period as provided under Section 82 CPC,” the court ruled.

The court also directed that the plaintiff would be entitled to markup at the rate of 15 per cent per annum from the date of filing of the suit until its realisation.

According to the plaintiff’s counsel, Faheem, the incident occurred in March 1992 when the plaintiff, then aged 27, was standing at a bus stop on Korangi Road. He said a KTC bus, whose driver had allegedly lost control of the vehicle, hit the plaintiff.

He further submitted that due to the negligence of the bus driver and his employer, the provincial government, the plaintiff sustained severe bodily injuries, including the traumatic amputation of his right leg.

In its detailed order, the court noted that both defendants had failed to rebut the plaintiff’s evidence by leading any independent evidence. It observed that the proceedings against the bus driver had been conducted ex parte, while the Sindh government, despite availing sufficient opportunities, failed to lead evidence. “Therefore, the evidence adduced by the plaintiff remained uncontroverted and inspires confidence,” the court observed.

The court noted that the plaintiff was 27 years old at the time of the incident and earned his livelihood by cutting leather, which required physical mobility and standing for long periods. It added that due to the permanent amputation of his leg, his earning capacity had drastically diminished. “The court cannot ignore the fact that such disability adversely affects not only physical movement but also social life, marital life, self-esteem and future prospects. The plaintiff has been deprived of ordinary enjoyments and amenities of life which every healthy person ordinarily enjoys,” the court observed.

“The permanent disability and disfigurement suffered by the plaintiff would continue throughout his remaining life and therefore he deserves adequate compensation under the heads of pain and suffering, permanent disability, loss of amenities and future hardship,” it added.

Published in Dawn, July 21st, 2026



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