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

SHC

Filmmaker moves SHC against curb on screening of Ghost School

KARACHI: The Sindh High Court has issued notices to the secretary of culture department and the Sindh Board of Film Censors on a petition filed against blocking the screening of a film titled Ghost School in the province. A two-judge constitutional bench of the SHC comprising Justice Adnan-ul-Karim Memon and Justice Muhammad Jaffer Raza…

Upper Dir Proposes Week-long Closure of 18 Girls’ Schools

LOWER DIR: The district education officer on August 15 recommended the temporary closure for one week of 18 girls’ schools in the border areas of Upper Dir amid the prevailing security situation along the Pakistan-Afghanistan border. According to an official letter issued by the district education officer, Upper Dir, to…

KP Government Launches Initiative to Identify Out-of-school Children

PESHAWAR: The Khyber Pakhtunkhwa government on August 15 launched a data-driven initiative to identify out-of-school children across the province and to bring them back into the education system. A memorandum of understanding in this respect was signed by the elementary and secondary education, local government, elections and rural development, health and…

Minister Unveils Rs300 Million Education Package for Attock

TAXILA: Punjab Education Minister Rana Sikandar Hayat has announced a major package of educational initiatives for Attock, including the upgradation of information technology (IT) laboratories in 110 schools at cost of Rs300 million, two new university campuses, five Pink buses for girls’ colleges and an international study tour to Turkiye…

KP Govt Launches Initiative to Provide Artificial Intelligence Education

PESHAWAR: The Khyber Pakhtunkhwa government on August 14 formally launched Global Virtual School (GVS), the first such initiative in the public sector by any government in the country, to provide virtual artificial intelligence education, linking up hundreds of schools across the length and breadth of the province. “The GVS will…
Go toTop