A model civil appellate court has ruled that the legal heirs of a man who died in the 2021 collision between two passenger trains near Daharki are entitled to compensation of over Rs10 million.
Additional District Judge (South) Ghulam Murtaza allowed an appeal filed by Nasreen Javed, widow of Javed Iqbal, challenging a senior civil judge's judgement granting a compensation of Rs1.5 million to the legal heirs of the deceased.
On June 7, 2021, a passenger train had derailed near Daharki in Sindh, causing its carriages to topple onto the opposite track. Tragically, within moments, a second train crashed into the wreckage, leading to the loss of at least 65 lives and leaving over 100 people injured.
The judge noted that the senior civil judge erred in rejecting the appellant's claims for compensation under the Fata Accidents Act, 1855. Therefore, he said the judgment and decree dated December 3, 2023, warranted intervention.
"Instant civil appeal is allowed, resultantly, judgement and decree is modified and appellants are entitled for recovery of compensation of Rs10,033,334 from the respondent No. 2 [Pakistan Railways]," he ruled, adding that if the respondent had paid the family promised compensation of Rs1.5 million in terms of insurance, it can be deducted from the decretal amount.
About the compensation of Rs1.5 million as insurance cover for a passenger traveling via the Pakistan Railway, the judge said that it was established legal precedent that if the legal heirs had received any form of compensation, such as from an insurance settlement, which was deemed inadequate to cover the complete extent of damages as per the Fatal Accident Act 1855, then the legal heirs were entitled to pursue additional compensation through a suit under the law.
Explaining how he calculated the decretal amount, the judge said that the victim had a wife, four daughters and a mother to provide for. "Wife/appellant could have benefited from the earning as well as association for at least 22 more years, whereas daughters could have benefited from earning of their father directly till their marriages and further benefit of financial support which is common in the society as father supports their duaghters even after their marriages," he said, adding that his mother would also have benefited from her son's earnings.
The judge noted that as per the appellant, the deceased had been earning Rs50,000 per month as electrician and given the minimum life span of 70 years in Pakistan, he would have lived for 23 more years.
He said the net loss of pecuniary benefits amounted to Rs9,033,334 and additional one million for the loss of consortium.
The woman through her attorney had filed a suit seeking Rs64.4 million as compensation from the Pakistan Railways and profit/markup at the rate of 12 per cent on the claimed amount from the date of the filing of the suit till the realisation of the decretal amount.
She stated that her husband along with his family members was travelling from Karachi to Sargodha on the Millat Express on June 7, 2021 when the train derailed near Daharki, resulting in eight bogies toppling onto the opposite track and colliding with another passenger train.
Her counsel Faraz Faheem argued that the accident took place due to negligence on the part of the Pakistan Railways as a joint of the track broke, causing the train to derail. He mentioned that the deceased, about 42 years old, was in good health and fully capable of providing for his wife and other family members.