Negligence must be Proven, not Presumed --- Lahore High Court Dismisses Appeal filed against Daewoo Bus Service
Islamabad 29-03-2025: The Lahore High Court has dismissed an appeal filed by the victims of a tragic road accident against M/s Daewoo Pakistan Express Bus Service Ltd., upholding the trial Court’s decision that found no negligence on the part of the transport company. The case, titled Mst. Misbah Farooq & Others Vs. Daewoo Pakistan Express Bus Service Ltd. & Others [RFA No. 1123 of 2014], involved a claim for Rs. 100 million in damages due to an accident that occurred on May 3, 2004, near the Bhera interchange.
The plaintiffs, who were passengers on the ill-fated bus, alleged that the vehicle was unfit for travel, citing mechanical defects that led to the accident. The suit, initially filed in 2004 before the Civil Court Lahore, argued that the plaintiffs had suffered severe injuries and financial losses due to the alleged negligence of Daewoo Pakistan Express Bus Service Ltd. The Trial Court, however, ruled that the plaintiffs failed to establish a direct causal link between the accident and the alleged mechanical failure.
On May 20, 2014, the Civil Court partly decreed the suit, awarding Rs. 140,000/- and Rs. 40,000/- to two plaintiffs under the West Pakistan Motor Vehicles Ordinance, 1965. The plaintiffs, dissatisfied with the ruling, appealed to the Lahore High Court, arguing that the principle of res ipsa loquitur (the thing speaks for itself) should apply, presuming negligence on the part of the defendant company.
The Lahore High Court, in its judgment delivered by Mr. Justice Khalid Ishaq, dismissed the appeal. The Court found that:
- The plaintiffs failed to prove that the bus had inherent mechanical defects or that the accident resulted from negligence rather than external factors.
- The defendants provided evidence, including testimony from the bus driver, bus hostess, and workshop manager, establishing that the vehicle was in a roadworthy condition before departure.
- The plaintiffs did not produce expert evidence or mechanical reports to substantiate their claims.
- The principle of res ipsa loquitur was not applicable as the plaintiffs could not establish exclusive negligence on the part of the defendant company.
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