ISLAMIC REPUBLIC OF PAKISTAN THROUGH SECRETARY, MINISTRY OF RAILWAYS versus ABDUL WAHID
Applicable negligence in section 1 fatal accident Applicable to Railway, the deceased's legal heirs were sued by the High Court in their favor that the Railway authorities supported them in negligence in the deceased's contribution. In principle, the plaintiff did not deserve any. Validation of compensation If an accident occurred due to the failure of the railway to avoid danger, the Railway could not escape the consequences of its loss that the victim of the accident should have taken proper care to protect himself and There should be a principle of negligence in contributing to it. Therefore, it should be acted upon to discharge it from its responsibility; in such cases, the plea of cooperative negligence was not available to the defense, unless it was established by the railway authorities through positive and strong evidence. Not all safety measures were fully protected and intact, but it was the victim who was aware of the danger that violated the steps such as scaling an open honda de closed gate or a fence. Was. This was not the case in the present case; the gate was not closed at the time of the confession; There was no nexus of negligence of assistance, so the High Court held the Railways properly liable for payment of compensation and in such accidents the employer was liable for damages, the Commission and its own The Supreme Court refused to intervene because of the negligence of the employees. Decision and order passed by High Court against Railway Appeal dismissed
