2023 MLD 1579 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

NABEEL IFTIKHAR VS Haji MASOOD Plaintiff filed suit for damages with the claim that he was returning from work on his motorcycle when all of a sudden a heavy iron pole erected on the roadside by the defendants suddenly collapsed and fell on his head---Validity---Plaintiff had permanently lost vision in his left eye, which is a significant and irreversible disability---Plaintiff's disability and dependency on others due to impaired vision hindered his mobility, especially at night, and he incurred additional expenses for transportation as he could not drive---Plaintiff suffered traumatic injuries resulting in loss of amenities, enormous pain, mental anguish and disability, affecting his social life, education and self-esteem---Plaintiff had been dependent on others and would continue to rely on them due to partial vision loss, experiencing sleep disturbances, vertigo, and intense headaches caused by head injuries---Plaintiff had undergone multiple operations, treatments, grafting, and injections, causing extreme pain, mental anguish and a bleak outlook on life due to the permanent and severe injuries sustained, with no prospects of healing or restoration---Plaintiff's life expectancy had been shortened due to the severity of the injuries, with minimal improvement over the past year, and the sympathetic damage had affected the second eye---Plaintiff faced humiliation due to the loss of vision and altered appearance, making him a target of distress and ridicule---Plaintiff received treatment at different hospitals, undergoing surgeries, check-ups, and various medical tests---Additional medical expenses were anticipated in the future, including major operations, necessitating the purchase of medical equipment---Plaintiff had been advised to seek treatment abroad but was unable to do so due to financial constraints, resulting in current and projected medical expenses amounting to approximately Rs. 1 million---At the time of the accident, the plaintiff was 30 years old, with a projected life expectancy of 70 years; he had a promising career in software development, but due to the loss of vision and other injuries, his ability to work efficiently and effectively had been significantly impaired; his earning potential had been diminished, resulting in a loss of approximately Rs. 50,000 per month---This had also hindered his professional growth, advancement, and future earning prospects, causing substantial pecuniary loss and dimming his chances of career progression---Evidence brought on record had remained unchallenged and uncontroverted---Defendants were liable to compensate the plaintiff---Suit was decreed as prayed, in circumstances.

Case information

Judgment text as reported

Other judgments reported in 2023 MLD