| Case ID |
3d657efb-82a5-4f52-bdef-89ea63b5d3b5 |
| Body |
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| Case Number |
Admiralty Suit No.8 |
| Decision Date |
Apr 07, 2010 |
| Hearing Date |
|
| Decision |
The Sindh High Court ruled that the plaintiffs, who are the legal heirs of the deceased worker Haji Tayyab, have the right to seek damages under the admiralty jurisdiction. The court acknowledged the principle of joint tortfeasors and vicarious liability, allowing the plaintiffs to implead additional defendants, including Bureau Veritas, who were alleged to have been negligent. The court emphasized the necessity of including all responsible parties to ensure a comprehensive resolution of the case. The decision highlighted the importance of holding all negligent parties accountable and permitted the plaintiffs to amend their plaint to include these parties for a fair trial. |
| Summary |
In the case of Admiralty Suit No.8, the Sindh High Court dealt with a tragic incident involving the death of Haji Tayyab, a worker onboard a vessel that was in poor condition. The plaintiffs, as legal heirs, sought damages under the Admiralty Jurisdiction of High Courts Ordinance, emphasizing joint tortfeasors and vicarious liability. The court ruled in favor of allowing additional parties to be impleaded, including Bureau Veritas, to ensure that all negligent parties were held accountable. The case underscores the importance of safety regulations in maritime operations and the legal responsibility of all parties involved in ensuring the safety of workers. The decision aligns with principles of tort law, reinforcing the necessity for comprehensive legal recourse in cases of negligence leading to injury or death at sea. |
| Court |
Sindh High Court
|
| Entities Involved |
Defendant No.1 (Ship/Vessel),
Defendant No.2 (Owner of the vessel),
Defendant No.3 (Employer of the deceased),
Defendant No.4 (Contract Stevedore),
Defendant No.5 (Captain/Master of the vessel),
Defendant No.6 (Crane Operator),
Mirza Shahid Baig (Director, Directorate of Dock Works Safety),
Bureau Veritas
|
| Judges |
MUHAMMAD ALI MAZHAR
|
| Lawyers |
Muhammad Umer Lakhani for Plaintiff,
Ghulam Murtaza for Defendants Nos.1, 2, 3, 5 and 6,
Imran Taj holding brief for Khawaja Saif-ul-Islam for Defendants Nos.4 and 5,
S. Tariq Ali, Standing Counsel along with Mirza Shahid Baig and Sohail Rana for Defendant No. 8
|
| Petitioners |
7 OTHERS,
MST. KHATIJA
|
| Respondents |
5 OTHERS,
BANGLAR MAMATA
|
| Citations |
2010 SLD 577,
2010 CLD 747
|
| Other Citations |
2007 MLD 89,
1999 MLD 3329,
2002 CLC 96
|
| Laws Involved |
Admiralty Jurisdiction of High Courts Ordinance,
Civil Procedure Code
|
| Sections |
3,
O.I, R.10
|