| Case ID |
301f88bb-e788-4e58-87f4-d91972c56204 |
| Body |
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| Case Number |
R.F.A. No.133 of 2005 |
| Decision Date |
Jun 27, 2013 |
| Hearing Date |
|
| Decision |
The Lahore High Court accepted the appeal of the plaintiffs, enhancing the damages awarded by the trial court from Rs. 500,000 to Rs. 1,500,000. This decision was based on the substantial physical injuries and mental anguish suffered by the plaintiffs due to the negligent driving of the respondent. The court found that the original damages awarded were insufficient to compensate for the severe and permanent disabilities sustained by the plaintiffs and the collateral losses they incurred. The court also determined that the respondent had failed to prove the absence of negligence, thus affirming the plaintiffs' entitlement to a greater amount of compensation. Additionally, the court ordered the payment of markup at the bank rate on the unpaid decretal amount from the date of the original decree until realization. |
| Summary |
In the case of R.F.A. No. 133 of 2005, the Lahore High Court dealt with a significant tort claim involving serious injuries arising from a vehicular accident caused by negligent driving. The plaintiffs, a family of four, sought damages for the physical injuries and mental anguish they suffered when their vehicle was struck head-on by a Land Cruiser driven by the respondent. The plaintiffs claimed a total of Rs. 200,000,000, detailing the extensive damages they incurred, including medical expenses and loss of income due to the injuries. The trial court initially awarded Rs. 500,000, which the plaintiffs contested as grossly inadequate given the circumstances of their case. Upon review, the Lahore High Court found that the trial court had not fully appreciated the evidence presented, including the grievous nature of the injuries sustained and the long-term impact on the plaintiffs' lives. The court emphasized that the respondent, as the vehicle owner, bore vicarious liability for the actions of his chauffeur, who was found to have acted negligently. The decision underscores the principle of compensation for damages in tort law, particularly in cases involving severe personal injury and mental suffering. The judgment also referenced key precedents to support the enhancement of the damages to a more appropriate level, reflecting the true extent of the plaintiffs' suffering and losses. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ AHMAD,
MAMOON RASHID SHEIKH
|
| Lawyers |
S.M. Ayyub Bukhari
|
| Petitioners |
SOHAIL IKRAM,
Mst. Shagufta Sohail,
Sufian Sohail,
Seep Sohail
|
| Respondents |
MUJAHID SHAH
|
| Citations |
2013 SLD 2179,
2013 CLD 2263
|
| Other Citations |
2003 CLC 885,
PLD 1996 SC 737,
2013 SCMR 507,
1992 MLD 1711,
PLD 1951 Sindh 24,
1982 CLC 1081,
1984 CLC 2830,
1995 SCMR 446
|
| Laws Involved |
Not available
|
| Sections |
Not available
|