P L D 2004 Karachi 66 (PLP)

(1) Whether the death of Muhammad Ramzan Anjum on 6-2-1988 at Park Ibrahim Mosque, Block 8, North Nazimabad, Karachi was caused by wrongful omission, negligent, or default committed by the person maintaining said park and its electric lamps by leaving.: one of electric lamp in dangerous condition liable to pass electric current to a person touching it by inadvertently or by accident? (2) Whether park maintained under Issue No.4 maintained by Karachi Electric Supply Corporation? (3) Whether the park maintained under Issue No.1 maintained by defendant No.2 Zonal Municipal Committee (Central), Karachi? (4) Whether electric fittings in the park maintained under Issue No.3 by Karachi Electric Corporation? (5) What was earning capacity of the deceased? (6) Whether the defendants are liable to pay damages to the death of deceased Muhammad Ramzan Anjum jointly or severally? (7) What should the decree be? On the request of the parties vide order dated 26-9-1990 Mr. Justice (Rtd.) K.A. Ghani was appointed as Commissioner to record the evidence, who recorded the, evidence and submitted his report along with evidence in court. The learned Single Judge after hearing the parties held that the witness of the appellants in High Court Appeal No.202 of 2000 has said that under ground PVC wire of K.M.C. high light lamp post inside the park was short so K.M.C. lamp pole got alive, which resulted in the accident. The learned Single Judge after taking into consideration evidence of respective parties, held that accident was caused due to the negligence of the appellants and decreed the suit for a sum of Rs.4,92,000 jointly and severally against the appellants. Heard Mr.Aamir Raza Naqvi, learned counsel for the appellant, in High Court Appeal No. 160 of 2002, Mr.Habibur Rasheed, learned counsel for the appellant in High Court Appeal No.202 of 2000 and Mr. Ziaul Haque Makhdoom, learned counsel for the respondent. The learned advocate for the appellants argued only on the issue about their liabilities. and did not question so far as the quantum of damages awarded by the learned Single Judge. The learned advocate for the appellants in High Court Appeal No.1 60 of 2000 argued that it was the duty of the appellant in High Court Appeal No.202 of 2000 to maintain the electric pole in terms of the agreement between District Municipal Corporation, Karachi (Central) and K.E.S.C. and as such the K.E.S.C. alone is liable to compensate the respondent and appellant is not liable to- pay the same. On the other hand, Mr: Habibur Rasheed, the learned advocate for K.E.S.C.; argued that the poles in question were installed within the boundaries of the park maintained by the District Municipal Corporation (Central) and as such they are not liable for the damages and the decree should not be passed jointly and severally against K.E.S.C. We have gone through the pleadings as well as evidence recorded in Suit No.418 of 1988. The entire dispute revolves around the agreement dated 10-1-1963, executed between Karachi Municipal Corporation and Karachi. Electric Supply Corporation. In terms of the said agreement the Karachi Electric Supply Corporation undertook to supply electricity and whole the electric installations free of charge for the purpose of lightening streets, gardens and other public places, holding the area of supply specifically defined in the company licence including main, brackets, 'wires, lands and shall maintain the lighting installations in state of cleanliness, order and repair. Karachi Electric Supply further agrees to make necessary cleaning, repairs, renewal and replacement when required within 24 hours notification by the Corporation. From the said clause of the agreement it appears that it was the duty of the Karachi Electric Supply Corporation to maintain electric installations. However, at the same time it was for Karachi Municipal Corporation to notify Karachi Electric Supply Corporation in case of any defect or any repairs required to the said installations. Admittedly the Karachi Municipal Corporation failed to notify Karachi Electric Supply Corporation about the defects in the said electric installations/electric poles which resulted in the tragic death of the deceased. Both the appellants are public corporation and are supposed to provide best possible facilities to the citizens of Karachi, which unfortunately they failed to do and are now trying to shift burden of their negligence on the shoulder of each other. In our opinion it was the joint responsibility of the appellants to maintain the parks and electric poles installed in the parks. which whey failed to maintain, so as to avoid accidents took place and as such they are jointly liable as held by the learned Single Judge. The appellants failed to make out any case for interfering the judgment and decree passed by the learned Court decreeing the suit jointly and severally against the appellant. For the foregoing reason, both the appeals are dismissed in limine. H.B.T./K-92/K Appeals dismissed