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Saturday April 20, 2024

Widow of man who drowned in uncovered drain during rain sues KMC

By Our Correspondent
February 27, 2024
Karachi Metropolitan Corporation (KMC) building in Karachi. — Facebook/Karachi Metropolitan Corporation
Karachi Metropolitan Corporation (KMC) building in Karachi. — Facebook/Karachi Metropolitan Corporation

The widow of a man who drowned in an uncovered drain on Hub River Road during the heavy rain a few weeks ago have filed a suit for damages of over Rs37 million against the Karachi Metropolitan Corporation (KMC) over negligence.

Syed Muhammad Fakhar-e-Alam died after he fell in the uncovered drain on Hub River Road while he was returning home from work during heavy rain on February 3, 2024. His wife Noorrul Ain filed the suit before a District West senior civil judge seeking over Rs37 million as damages from the KMC under provisions of the Fatal Accidents Act, 1855.

Her lawyer Usman Farooq stated that the defendant KMC was mandated under the Section 29 of the law to oversee the cleaning and maintenance of drains, including storm water drains, within Karachi. However, he said, the defendant failed to fulfil this obligation resulting in the tragic death of the plaintiff's husband.

He said the heavy rainfall on February 3 caused flooding on the road, as a result of which, the deceased who was returning home from work could not see the drain and fell into it. His body was recovered the following day.

The counsel contended that the loss of the plaintiff's husband's life was a direct result of the defendant's negligence. Despite being fully aware of the dangers of uncovered drains, the KMC failed to take appropriate measures to mitigate the risk, thus breaching their duty, he added.

The plaintiff claimed a sum of Rs37,108,200 against the defendant KMC saying that this amount was reasonable and just in accordance with the principles established by the superior courts for claiming compensation under the Fatal Accidents Act, 1855.

She said she wanted justice for the irreparable harm inflicted upon her family and herself. The loss of her beloved one had caused immeasurable pain and suffering, both emotionally and financially, she said. The court was pleaded to issue a decree in the sum of Rs37,108,200 against the defendant, ordering it to pay the said amount as damages/compensation to the plaintiff.