A civil court has directed the Karachi Metropolitan Corporation (KMC) to file its written reply on a woman’s suit seeking damages of over Rs37 million over the death of her husband, who had drowned in an uncovered drain on Hub River Road during heavy rain last year.
Syed Muhammad Fakhar-e-Alam died after falling into the uncovered drain while returning home from work during downpour on February 3, 2024. His wife Noorul Ain moved the suit under provisions of the Fatal Accidents Act, 1855, naming the KMC through its municipal commissioner as the defendant.
The 2nd senior civil judge (West) disposed of an application filed by the KMC requesting the court to remove its name as the defendant in the suit. The defendant’s lawyer argued that the drain was part of the Sindh government’s mega project and had not been handed over to the KMC.
The plaintiff’s lawyer contended that the drain still was the responsibility of the KMC in accordance with the Sindh Local Government Act, 2013, pleading with the judge to dismiss the application.
The judge noted that the perusal of the record shows that the defendant has categorically stated that the subject nala was constructed under Mega Project, Government of Sindh; however, the said nala, after due rehabilitation, cleaning and desilting, has not been handed over to the KMC as well.
He said that such a fact does not absolve the defendant of its responsibility, rather it is a question of fact whether the responsibility be fixed upon the KMC or the provincial government.
He ruled that in such circumstances, he is of the humble opinion that the defendant is a necessary party to the suit; however, in order to determine the responsibility of the incident, the Sindh government may also be added as party to the suit.
The court, therefore, directed the plaintiff’s lawyer to file an amended title of the suit with the Sindh government cited as defendant No. 2. Meanwhile, it directed the KMC to submit its written statement on the next date of hearing set for July 12.
Earlier, the plaintiff had said that the defendant KMC was mandated under Section 29 of the law to oversee the cleaning and maintenance of drains, including storm water drains, within Karachi. However, she said, the defendant failed to fulfil this obligation, resulting in the tragic death of her husband.
She said that the heavy rainfall on February 3 caused flooding on the road, as a result of which Fakhar-e-Alam, who was returning home from work, could not see the drain and fell into it. His body was recovered the following day.
Her 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 KMC, saying that this amount is 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 wants justice for the irreparable harm inflicted upon her family and herself. The loss of her beloved one has caused immeasurable pain and suffering, both emotionally and financially, she added.
The court was pleaded to issue a decree in the sum of Rs37,108,200 against the defendant, ordering it to pay the amount as damages/compensation to the plaintiff.
Published in News Daily on 10 July 2025.