Law: Constitution of Pakistan, 1973

Section: 185(3)

Damages .........Constitution of Pakistan (1973), Art. 185(3) Amputation of plaintiff's leg due to accident caused by Railway Engine Liability for damages Plaintiff's suit for recovery of damages was decreed by Trial Court but dismissed by First Appellate Court High Court, however, restored Trial Court's and decree and awarded damages with interest Validity Facts and circumstances of the case indicated that no legal questions of general importance had arisen in the case Plaintiff admittedly had suffered injury on Railway track, which was unfenced Trial Court as also High Court had found that incident in question had occurred due to negligence' of Railway employees Plaintiff although had not claimed any interest, yet Court in the interest of justice was competent to grant interest to plaintiff as ancillary relief Amount of damages granted by Courts below did not appear to have been paid to plaintiff No interference with the and decree of High Court was warranted in circumstances Leave to appeal was refused in circumstances. ORDER SALEEM AKHTAR, J. The petitioner seeks leave to appeal against the judgment passed by the learned Judge in Chambers of the High Court whereby the decree passed in favour of the respondent by the learned trial Court was restored and the petitioner was directed to pay a sum of Rs.10,460 with interest. 2. On 19 12 1960 when the respondent/plaintiff was a child of about six years and while playing with playmates on the Railway line he was struck by the Railway engine causing injury to him. As a result of the injury his leg had to be amputated. He filed a suit for recovery of Rs.25,000 as damages. The learned trial Court decreed the suit for Rs.10,460 by judgment dated 23 12 1964. However, in appeal the learned Additional District Judge reversed the judgment and dismissed the suit. The respondent filed regular second appeal before the High Court and by the impugned judgment…

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