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Thursday September 19, 2024

Man seeks Rs20m damages from KE over father’s death

By Yousuf Katpar
August 06, 2024
A view of the K-Electric head office, with solar panels at the parking area, in Karachi. — K-Electric website/File
A view of the K-Electric head office, with solar panels at the parking area, in Karachi. — K-Electric website/File

A man has filed a Rs20 million damages suit against K-Electric over the death of his father, who died of cardiac arrest allegedly caused by prolonged and unannounced load-shedding in scorching temperatures.

Through his lawyer Usman Farooq, Adnan filed the suit in a civil court seeking Rs20,240,000 damages from the city’s sole power distributor under the Fatal Accidents Act, 1855. The plaintiff said that on June 29, his 54-year-old father Taj Muhammad Khan suffered a cardiac arrest due to prolonged, unannounced load-shedding by KE during peak summer.

The temperature felt like 54 degrees Celsius during those days, exacerbating the health risks for residents, he said, adding that despite being rushed to the hospital, his father could not survive.

He contended that his family had filed complaints with the National Electric Power Regulatory Authority, requesting a thorough investigation into KE’s conduct and failure to prevent prolonged load-shedding.

The incident was also discussed in the provincial assembly, where a resolution was passed demanding strict action against the power company for its failure to provide uninterrupted power supply, he added.

“The sudden and tragic loss of the deceased has caused immense emotional distress to his family. The plaintiff, being his son, has not only lost a parent but also a mentor and a guide,” reads the suit.

It said the defendant breached its duty of care by failing to provide uninterrupted power supply during the extreme heat conditions, as unannounced load-shedding, which lasted for several hours, directly contributed to creating hazardous living conditions.

The plaintiff also said the defendant failed to provide adequate warnings or notifications about the impending power outages. “It committed outrageous negligence and is liable to compensate the plaintiff owing to the accident.”

He said that as per the pecuniary calculation of future damages, the power company is liable for the wrongful death it caused and has a legal obligation to ensure a continuous and reliable supply of electricity to its consumers, especially during extreme weather conditions.

“This duty of care is critical, as electricity is a basic necessity, and its absence can lead to severe health risks and life-threatening situations. The duty of care also extends to the implementation of effective contingency plans during peak demand periods to prevent prolonged outages.”

The plaintiff said that the economic loss suffered by him and his family due to the untimely death is significant. “The loss of financial support, coupled with the emotional distress and suffering, constitutes a substantial economic impact,” he pointed out.

“The economic loss doctrine allows for the recovery of these financial damages caused by the defendant’s negligence,” he said, pleading with the court to order KE to pay Rs20,240,000 damages/compensation to him.