Water board, KMC face Rs60m claim after child`s death in open manhole

1 min read

KARACHI: A father, whose son fell into an open manhole last year, filed a lawsuit on Thursday in court, seeking more than Rs60 million in damages against the Karachi Water & Sewerage Board (KWSB) and the Karachi Metropolitan Corporation (KMC) over their negligence.

Last year in May, six-year-old Abyan Uddin, student of class KG-H, was playing cricket with his 10-year-old brother Arib Uddin, and their friends when he slipped and fell into an open manhole and died.The victim`s father, Atif Uddin, filed an application through Advocate Usman Farooq before the senior civil judge (East), seeking over Rs60m in damages under the Fatal Accidents Act, 1855, from the KWSB and the KMC following the death of his son.

Advocate Farooq stated that the six-year-old victim, who was aspiring to become a doctor in future, had achieved Grade-A in his last exam.

However, due to negligence and lack of proper maintenance of the manholes by the defendants, the child lost his life.

The counsel submitted that the KWSB was a statutory body responsible for production, transmission, and distribution of water to citizens of Karachi, as well as managing the sewerage system within the city to ensure environment al hygiene.

He further stated that the defendants were obligated to construct, clean, properly maintain, and cover manholes in Karachi under the water and sewerage laws and relevant regulations.

Referring to the directives of the Federal Ombudsman regarding the covering of open manholes to prevent potential accidents, the counsel argued that despite those warnings, the defendants disregarded public safety.

`The defendants failed to take appropriate measures to mitigate the risk, despite being fully aware of the hazardous condition of the open manholes, thereby breaching their duty of care owed to the public,` the counsel contended.

The counsel also argued that deceased Abyan Uddin was very fit and in robust health and cared for and loved by the plaintiff and his family. The parents wanted to see him in a prosperous state, he added.

He stated that the victim could have survived up to the age of 70 given the long lifespan in his family pedigree, advancement in medical facilities, availability of medical treatment and the good climate of the area from where he belonged to.

He submitted that the victim had a whole life and a bright future ahead and he aimed to become a doctor after getting higher education.

He asked the court to decree the sum of Rs62,620,000 against the defendants to pay as damages/compensation to the plaintiff.

The court was also asked that the profit/markup at the rate of 21 per cent per annum might also be paid to the plaintiff.

Acknowledgement: Published in Dawn News on 29th March 2024.
Previous Story

Laws and domestic workers

Next Story

Support for boys in Pakistan

Latest from Blog

IHC Moved to Regulate Social Media use by children

• Petitioners seek an effective age-verification mechanism for minors’ accounts • State urged to protect kids from cyberbullying, harassment and harmful online content ISLAMABAD: The Islamabad High Court has been approached seeking directions to the federal government to introduce legislation and a comprehensive regulatory framework to regulate social media use…

Three Held for Kidnapping Minor girl in Haripur

HARIPUR: Police have arrested three teenage boys for ‘kidnapping’ a five-year-old girl, who went missing about 12 days ago from an urban locality here. One of the accused confessed before the magistrate that he and one of the four accomplices had raped the girl after abduction. He, however, said that…

Teenager Held for Attempt to Assault Minor Girl

KARACHI: A teenage son of a watchman at a government school in Soldier Bazaar was arrested on charges of attempting to sexually assault a minor girl. Soldier Bazaar SHO Waqar Azeem said the 17-year-old suspect was arrested for “attempting to sexually assault” an eight-year-old girl. The officer said police had…
Go toTop