Case Details

Citation(s)
2014 SLG 1482 2014 SLD 1482 2014 CLC 5
Sindh High Court

SYED MUHAMMAD FAROOQ SHAH, J
Muhammad Nazir Tanoli for Applicant. Tasawar Ali Hashmi for
Respondent

ABDUL LATIF SHAIKH, ADVOCATE--Applicant

VS

Messrs WORLD CALL TELECOM LIMITED through Executive Managing Director

Law:

Section:

Suit for damages--- ----Mental suffering---Proof---Concurrent findings of fact---Plaintiff sought damages from defendant-company for not providing proper USB for internet---Suit and appeal were concurrently dismissed by Trial Court and Lower Appellate Court---Validity---Plaintiff was a non-technical man and levelled allegations against defendant without adducing any evidence of technical person---Covenants of contract of internet connection obtained by plaintiff was not available on record to show as to what part and clause of contract had been violated by defendant---Both the Courts below correctly observed that damages suffered and quantity of amount claimed under each head could have to be proved by cogent evidence and mere assertion of inflated amount without any corroborative evidence would be of no avail to plaintiff---Damages for mental suffering, mental and physical shock, inconvenience, hardship, discomfort, disappointment, frustration and mental stress in life, attributable to medical treatment for injury and amount of compensation, varied with intensity of pain and suffering of plaintiff---Mental suffering and psychiatric injury would follow from foreseeable physical injury, could be compensated under the head "pain and suffering" or mental suffering which amounted to recognizable psychiatric illness which required evidence and the same was lacking---No jurisdictional error was noticed and decision of Lower Appellate Court was not so perverse that grave injustice had resulted therefrom---High Court, in exercise of revisional jurisdiction declined to interfere in concurrent s and decrees passed by two Courts below---Revision was dismissed in circumstances. PIAC v. Paksaaf Dry Cleaners PLD 1981 SC 553; Abdul Ghaffar v. Jamaluddin 1986 CLC 747; Haji Muhammad Zaman v. Zafar Ali Khan and others PLD 1986 SC 88; Muhammad Bux v. Muhammad Ali 1984 SCMR 504 and Kanwal Nain and 3 others v. Fateh Khan and others PLD 1983 SC 53 ref. ORDER SYED MUHAMMAD FAROOQ SHAH, J.--- Applicant Mr. Abdul Latif Shaikh, Advocate, by invoking the revisional jurisdiction of this court, preferred the captioned revision, against the concurrent judgments of dismissal of Suit No.1242…
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