394/1997 Suit MUHAMMAD KHAN (Plaintiff) V/S PAK. STEEL MILLS CORP. LTD. & ORS. (Defendant)
Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam(Author)
394/1997 Suit MUHAMMAD KHAN (Plaintiff) V/S PAK. STEEL MILLS CORP. LTD. & ORS. (Defendant) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Faisal Kamal Alam(Author) Order Date: 02-MAR-20
Non-production of Departmental Inquiry Report in the evidence by Defendants has raised adverse presumption against them, as envisaged in Article 129(g) of Qanun-e-Shahadat Order, 1984. Loss of consortium; that is, deprivation of the benefits of a family relationship due to injuries or death caused by a tortfeasor. Well known rules about foreseeability,causation and but for explained; if any reasonable person by applying his ordinary prudence can foresee a loss that can arise from his act(s), then he owes a duty of care to others [claimant] and is liable for the negligent act that has caused damaged to the other person (claimant). Similarly, causation is the linkage between the negligent act [breach of duty of Care] that has resulted in causing injury and the "but for" test if simply put, means, that the injury would not have occurred without the defendant's negligence. Legislative amendments are proposed.