KARACHI: A local court 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 verdict, delivered by Senior Civil Judge (South) Sheikh Abbas Mehdi, came in a civil suit originally filed in 2017 under the Fatal Accidents Act, 1855, and transferred from the Sindh High Court earlier this year.
The court ruled that the accident occurred due to the rash and negligent driving of a Hino truck (registration number JV-0553) owned by M/s Nisar Jan & Co. Waste Management System and driven by its employee, Daniel Masih. The truck had struck the motorcycle from behind near Bathul Inam Flats in North Karachi, killing 31-year-old Umer Yaseen Ansari and injuring his friend, Ghayasuddin.
Judge Mehdi observed that the defendants failed to specifically deny the plaintiffs’ claims or challenge the evidence, which included the medico-legal report, inquest findings, and testimony from the injured eyewitness. He noted that the law required heavy vehicle drivers to exercise extra caution, as even slight negligence could lead to fatal consequences.
The court rejected the defence’s contention that the driver had been acquitted in a criminal case, holding that a criminal acquittal had no bearing on civil liability.
It also struck off the names of two other companies, ruling that they were unnecessarily made parties to the suit.
In his detailed judgment, the judge cited multiple precedents establishing the principle of vicarious liability, under which an employer is responsible for wrongful acts committed by an employee in the course of duty.
He ruled that the company and its driver were jointly and severally liable to pay Rs42,762,959 to the deceased’s heirs.
The court directed that the amount be deposited with the Nazir of the court within 30 days, along with a 10% annual markup from the date of the suit’s filing until full payment.
The Nazir will distribute the compensation among the legal heirs in accordance with Muhammadan law.
