By Hafiz Rahat Usama 
Tragic Incident in North Karachi
A local court in Karachi has ordered a waste management company and its driver to jointly compensate the family of a motorcyclist who lost his life in a tragic road accident eight years ago. The victim, 31-year-old Umer Yaseen Ansari, died after being struck by a garbage truck belonging to M/s Nisar Jan & Co. Waste Management System in the North Karachi area. His friend, Ghayasuddin, who was riding with him, sustained injuries in the collision.
According to the case details, the accident took place near Bathul Inam Flats when the Hino truck, bearing registration number JV-0553, hit the motorcycle from behind. The impact proved fatal for Ansari, leading his family to file a civil suit in 2017 under the Fatal Accidents Act, 1855, seeking justice and compensation for their loss.
Court’s Detailed Verdict and Observations
The verdict, delivered by Senior Civil Judge (South) Sheikh Abbas Mehdi, highlighted the role of negligence in the fatal incident. The court found the accident to have resulted from the rash and careless driving of the truck’s driver, Daniel Masih, who was employed by the waste management company.
Judge Mehdi observed that the defendants failed to contest the claims presented by the plaintiff. The plaintiffs’ case was supported by substantial evidence, including the medico-legal report, inquest findings, and the testimony of the injured eyewitness. The court emphasized that drivers of heavy vehicles bear a higher duty of care, as even minimal negligence can have devastating consequences.
The judgment also addressed a key argument presented by the defense—that the driver’s acquittal in a related criminal case should absolve them of civil liability. The judge dismissed this contention, clarifying that criminal proceedings and civil claims operate under different legal standards. An acquittal in a criminal court does not eliminate the responsibility for damages in a civil case.
Vicarious Liability and Employer Responsibility
In his comprehensive judgment, Judge Mehdi referenced several legal precedents related to vicarious liability, the principle that holds employers accountable for wrongful acts committed by their employees while performing their duties. The court ruled that both the driver and the company were jointly and severally liable for the death of Umer Yaseen Ansari.
The court ordered M/s Nisar Jan & Co. Waste Management System and its driver to pay Rs42,762,959 in compensation to the deceased’s heirs. Additionally, the amount is to include a 10% annual markup from the date the suit was filed until full payment is made.
Execution of Court’s Directions
The court instructed that the compensation amount be deposited with the Nazir of the court within 30 days. Once received, the Nazir will distribute the funds among the legal heirs of the deceased according to Muhammadan law.
The court also struck off the names of two other companies that had been made parties to the case, ruling that their inclusion was unnecessary. The decision underscores the judiciary’s commitment to ensuring accountability and justice in cases involving negligent driving and loss of life.