FEDERATION OF PAKISTAN through Secretary Railway/Chairman Government of Pakistan, Ministry of Railway, Islamabad vs ABDUL NAEEM Recovery of damages from Pakistan Railways — 2024 MLD 556 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 556 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: FEDERATION OF PAKISTAN through Secretary Railway/Chairman Government of Pakistan, Ministry of Railway, Islamabad vs ABDUL NAEEM Recovery of damages from Pakistan Railways
Subject matter: Civil

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

Judgment text as reported

FEDERATION OF PAKISTAN through Secretary Railway/Chairman Government of Pakistan, Ministry of Railway, Islamabad VS ABDUL NAEEM Recovery of damages from Pakistan Railways---Determination of quantum---Principle---Applicants / plaintiffs sought recovery of damages on the ground that despite purchase of tickets from respondent / defendant Pakistan Railways, they could not travel due to non-availability of coach in which their seats were booked---Suit was decreed by Trial Court in favour of applicants / plaintiffs but damages awarded against Pakistan Railways were reduced by Lower Appellate Court---Validity---Courts have to decide matters in accordance with law and particularly in such claims under tort law on the evaluation of evidence and not on financial condition of government organizations, which are otherwise saddled with law to serve people and not to cause them inconvenience and hardship---With regard to award of damages for mental anguish, torture and inconvenience, no fixed criteria can be laid down---Passengers (applicants / plaintiffs) including family members of one of the passengers, suffered mental anguish and extreme inconvenience when they learned that subject coach having their reservations was not available---Lower Appellate Court did not find any irregularity in evaluation of evidence done by Trial Court but had decided the matters / appeals on completely new and invented consideration, which had no nexus with the facts of the case and could not sustain---High Court in exercise of revisional jurisdiction set aside findings of Lower Appellate Court and restored that of Trial Court---Revision was allowed, in circumstances.

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