| Case ID |
1a93a99b-e6b3-498e-a917-6d67d7257433 |
| Body |
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| Case Number |
High Court Appeal No. 28 of 1988 |
| Decision Date |
May 02, 1989 |
| Hearing Date |
|
| Decision |
The court found that the appellants, M/S. Hayat Services (Pakistan) Ltd., were negligent in their duty of care, leading to the death of the respondent's son, Subra Manium, due to burn injuries in the kitchen. The evidence indicated a lack of safety measures in place to extinguish fires, contributing to the incident. The learned Single Judge's conclusion that the death was caused by the negligence of the appellants was upheld. The suit was decreed for Rs. 72,000 with interest, recognizing the financial loss suffered by the respondent due to the untimely death of his son, who was earning a monthly salary and was planning for further employment. |
| Summary |
The Sindh High Court case concerning High Court Appeal No. 28 of 1988 revolves around a fatal accident that occurred in the kitchen of M/S. Hayat Services (Pakistan) Ltd., where the employee Subra Manium tragically died due to burn injuries. The respondent, Kandan, filed a suit under the Fatal Accidents Act claiming damages for the loss of his son. The court examined the evidence, which revealed that there were inadequate safety measures in place, leading to the conclusion that the appellants were negligent. The case highlights critical aspects of workplace safety and the responsibilities of employers to ensure a safe working environment. The judgment reinforces the application of the principles of negligence and the doctrine of res ipsa loquitur, indicating that the circumstances of the incident spoke for themselves, necessitating a finding of liability against the appellants. The decision to award damages reflects the court's recognition of the financial impact on the family due to the loss of their son, who was a contributing member of the household. This case serves as a significant reference for future claims regarding workplace accidents and negligence, emphasizing the need for stringent safety protocols in occupational settings. |
| Court |
Sindh High Court
|
| Entities Involved |
M/S. Hayat Services (Pakistan) Ltd.,
Kandan
|
| Judges |
Saleem Akhtar,
Imam Alig. Kazi
|
| Lawyers |
Mr. Mustafa Lakhani,
Mr. Muhammad Maqsood
|
| Petitioners |
Kandan
|
| Respondents |
M/S. Hayat Services (Pakistan) Ltd.
|
| Citations |
1990 SLD 78,
1990 PLJ 173
|
| Other Citations |
AIR 1963 Bom. 144,
(1950) 1 All E.R. 392
|
| Laws Involved |
Fatal Accidents Act
|
| Sections |
Not available
|