KARACHI: A man, whose infant son and wife drowned in an uncovered storm water drain in Shadman Town during heavy rain, has filed a suit for Rs50 million damages against the Karachi Metropolitan Corporation (KMC) over negligence.

Muhammad Danish along with his 24-year-old wife Saman and two infant children was riding a motorcycle which had fallen in the open Shadman Nullah near the Qalandria Chowk on the night of July 17 during the heavy rainfall in the city.

A resident of Orangi Town Sector 10-L, Danish sought Rs50m as damages under the Fatal Accidents Act, 1855, from the KMC and District Municipal Corporation (DMC-Central) over the death of his child and wife.

The plaintiff submitted that the defendant KMC was responsible for cleaning sewerage and storm water drains, but it failed to clean, maintain and cover the nullahs and their negligence caused the death of his wife.

He further stated that similarly the defendant DMC-Central was also responsible for the construction, cleaning and properly looking after the nullahs in Karachi and of inherent danger in their business operation.

“The defendant was/is obliged to ensure by virtue relevant laws and rules that during monsoon season and other raining season all over the year, water floating on streets and roads causing flood in Karachi,” he stated.

He stated that due to heavy rain the plaintiff was not able to see the open drain and fell in it.

His counsel said that “against this cause of action, he lost his wife owing to negligence of the defendants, who did not take early measures to cover the open drains.

After the incident the residents gathered and immediately called the ambulance and went to hospital to get the victims an emergency remedy.

“The family members of plaintiff and the people of the area intimated the nearest Complaint Office about this ugly incident and requested to take necessary action for saving the life of plaintiff’s wife, but nobody from the defendants came to either rescue them or take any necessary steps,” he stated.

The counsel argued that deceased Saman was 24 years old, very fit and having robust health and used to care much for the plaintiff and her children and wanted to see them in a prosperous state.

He argued that the deceased woman could have survived up to the age of 70 years in view of the long life span in his family pedigree, advancement in medical facilities, availability of medical treatment and good climate of the area from where he belonged.

He submitted that after her demise the plaintiff and his daughter, Zoya, had been left alone and suffered huge losses.

He pleaded the court to decree the sum of Rs57,352,000 against the defendants to pay as damages/compensation to the plaintiff.

The court was also pleaded that the profit/mark-up at the rate of 21 per cent per annum might also be paid to the plaintiff.

Published in Dawn, October 1st, 2022