| Case ID |
0064ed9d-77ed-4e70-ba7d-47d2e89a64d6 |
| Body |
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| Case Number |
Regular First Appeal No. 140 of 1993 |
| Decision Date |
Feb 09, 1994 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the appeal filed by Pakistan Railways against the judgment of the Civil Judge, Okara, which had granted damages to the heirs of the deceased due to negligence at an unmanned railway level crossing. The court found that the railway authority failed to exercise due care and caution in maintaining the crossing and did not provide adequate warnings or safety measures, resulting in the tragic accident that caused the deaths of two individuals. The court upheld the findings of negligence and the awarded damages, emphasizing the railway's duty to ensure the safety of the public at crossings. |
| Summary |
This case revolves around a fatal accident that occurred at an unmanned railway level crossing in Pakistan, where two individuals tragically lost their lives. The Lahore High Court reviewed the circumstances surrounding the accident, focusing on the negligence of the Pakistan Railways. The court highlighted the importance of maintaining safety measures at level crossings, especially in areas with low literacy rates where warning signs may not be effectively understood by the public. The court's decision underscored the railway's responsibility to ensure that adequate precautions are in place to prevent such accidents. The ruling serves as a critical reminder of the legal obligations of transport authorities towards public safety and the need for comprehensive safety protocols at railway crossings. Keywords such as 'railway negligence', 'fatal accident compensation', and 'public safety at level crossings' are essential for understanding the implications of this case. |
| Court |
Lahore High Court
|
| Entities Involved |
Pakistan Railways,
Ghulam Sarwar,
Mst. MAJEEDAN,
Suhrab Ahmed Khan
|
| Judges |
MUNIR A. SHEIKH,
TANVIR AHMAD KHAN
|
| Lawyers |
Ch. Fazal-i-Hussain,
Ch. Khalid Mahmood,
Ch. Bashir Hussain Khalid
|
| Petitioners |
Mst. MAJEEDAN
|
| Respondents |
others,
PAKISTAN RAILWAYS
|
| Citations |
1996 SLD 1398,
1996 CLC 733
|
| Other Citations |
PLD 1967 SC 249,
PLD 1968 Kar. 464,
PLD 1981 Kar. 774,
PLD 1960 (P.W.) Kar. 712,
AIR 1970 SC 376,
AIR 1962 SC 1,
PLD 1963 Dacca 290,
LR 1913 AC 1
|
| Laws Involved |
Fatal Accidents Act
|
| Sections |
1
|