| Case ID |
2ae7b70d-2831-4e57-85c2-b9cd168d91a1 |
| Body |
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| Case Number |
Civil Appeals Nos. 86 and 87 of 1992 |
| Decision Date |
Feb 19, 1996 |
| Hearing Date |
Feb 19, 1996 |
| Decision |
The Supreme Court of Pakistan dismissed the appeals filed by Karachi Transport Corporation against the High Court's decision which held both the employer and driver jointly and severally responsible for damages due to the negligent driving of the bus resulting in fatalities. The court found that the legal presumption of the driver acting on behalf of the employer was not rebutted, and the employer's liability remained intact despite claims of unauthorized use of the vehicle. The decision was based on evidence and principles of justice, affirming the High Court's ruling. |
| Summary |
In the case of Karachi Transport Corporation vs. Moinuddin and others, the Supreme Court of Pakistan addressed issues related to liability under the Fatal Accidents Act due to negligent driving resulting in multiple fatalities. The case involved a bus owned by the Karachi Transport Corporation, driven by Mitho Khan during a road test when it collided with an oil tanker, leading to the deaths of three individuals, including Zahiruddin and Zafar Hussain. The High Court initially dismissed claims against the corporation but later held both the driver and the employer liable, a decision upheld by the Supreme Court. The ruling emphasized the presumption of employer liability for employees' actions during the scope of their duties, regardless of alleged unauthorized use of the vehicle. This case underscores the importance of employer responsibility in cases of negligent conduct by employees, particularly in civil liability contexts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Karachi Transport Corporation,
Mitho Khan,
Ghous Bakhsh,
Zahiruddin,
Zafar Hussain
|
| Judges |
SAJJAD ALI SHAH, C.J.,
SALEEM AKHTAR,
MUKHTAR AHMAD JUNEJO, JJ
|
| Lawyers |
Naraindas C. Motiani, Advocate Supreme Court/Advocate-on-Record for Appellants,
M. Maqsood, Advocate Supreme Court,
A.S.K. Ghouri, Advocate-on-Record for Respondent No. 1
|
| Petitioners |
Moinuddin son of deceased Zahiruddin,
Mst. Mukhtiar Begum widow of deceased Zafar Hussain
|
| Respondents |
Karachi Transport Corporation,
Mitho Khan
|
| Citations |
1998 SLD 1425,
1998 SCMR 807
|
| Other Citations |
Not available
|
| Laws Involved |
Fatal Accidents Act (XIII of 1855),
Constitution of Pakistan (1973)
|
| Sections |
1,
Art. 185(3)
|