๐๐ง ๐ ๐๐จ๐ซ๐ญ ๐๐๐ฌ๐ ๐ญ๐ก๐ ๐๐๐ก๐จ๐ซ๐ ๐๐ข๐ ๐ก ๐๐จ๐ฎ๐ซ๐ญ ๐๐ง๐ก๐๐ง๐๐๐ฌ ๐ญ๐ก๐ ๐๐๐ฆ๐๐ ๐๐ฌ ๐๐ซ๐จ๐ฆ ๐๐๐๐๐๐๐/๐๐๐ ๐ญ๐จ ๐๐๐๐๐๐๐๐/๐๐๐.
The Lahore High Court in a recent case where two separate appeals of two parties were pending has taken a strict approach towards a tortious liability and enhanced the damages awarded by the trial court from five million to ten million Rupees.
This case was brought by a female student who felt pain in her arm and went along with her father to the hospital. She was checked up by Dr. Rasool Ahmad Chaudhary. She was diagnosed with Cervical Rib disease. She went through surgery and later on she was discharged from the hospital. On her return to home, she started feeling pain again. On re-examination, it transpired that her three vertebrae, (TI, T2 & T3)ย had been damaged and the spinal cord had got cut due to the negligence of the said doctor.
A complaint was filed to the hospital and the Punjab Health Care Commission where the doctor was found grossly negligent in his duty towards the patient. The Commission removed him from the list of doctors.
The affected patient filed a suit for damages before a civil court. After going through a full fledgedย trail, the trial court awarded five million damages. Both the parties ultimately reached to the Lahore High Court and filed their separate appeals.
The Court firstly encouraged such kinds of suits for tortious liability and referred to a Supreme Court judgment titled as Punjab Road Transport Corporation Vs Zahida Afzal & Others (2006 SCMR 207)ย wherein it was held that under Article 4 of the Constitution, it is our duty to work within the provided legal framework and no one should act in violation of it. It was further held in that judgment that it is one of the duties of the lawyers and media to educate the general public about tort and tortious liability that they have a right under the law of the land to bring suit of damages to the courts against the delinquents and those who have been negligent in their duties. The public should be educated about bringing tort cases to the courts. The relevant law and the procedure should be explained to them by the lawyers which should be publicised by the media.
The judgment is not only a well-reasoned one but it is so encouraging and hope-giving.
Advocate Supreme Court, Mr.ย Umer Ijaz Gilani commented on the judgment: “If Pakistan’s civil justice system starts delivering expeditious justice in tort claims, it will transform the way professionals do business. Right now there’s very limited accountability in practice. Instead of giving life to the law, our civil courts remain focuses on technicalities. Seen in that context, this judgement by the Lahore High Court represents a step in the right direction.”
2024LHC205
