Youth files Rs5m damages suit against KMC over train ride injury at Safari Park

A civil court has issued notices to the Karachi Metropolitan Corporation (KMC) and the Safari Park director in a suit filed by an 19-year-old man seeking Rs5 million in damages for a serious leg injury he suffered when a train boggy derailed during a ride at the amusement park in 2013.

Ahmed Din through his lawyer Usman Farooq filed the suit before the court of the senior civil judge-X (East), naming the KMC through its senior director and Safari Park director as defendants.

After admitting the suit for hearing, the court issued notices to the defendants to submit their response and set February 11 for next hearing. The plaintiff stated that on September 8, 2013, he along with his father Manzoor Ahmed Qazi went to Safari Park and purchased tickets for a train ride, which was marketed as safe for families, including children.

He said that shortly after the ride started, the train’s bogie derailed due to mechanical failure and inadequate maintenance, resulting in injuries to several passengers including both him and his father.

The plaintiff said that he being seven years old at the time of the incident suffered a fracture to his left leg while his father sustained injuries to his left hand and foot. He said the park administration shifted them to a private hospital without making any payment for their treatment, adding that they received first aid, but when the hospital demanded a deposit of Rs150,000 for a surgical procedure, they arranged for their discharge and went to Jinnah Postgraduate Medical Centre for further treatment.

By then it was confirmed that he had suffered “a compound fracture of the left leg,” which required immediate surgery. He said he was later taken to a private hospital after assurance by a senior official of the park administration, yet it didn’t bear his medical expenses. Meanwhile, he underwent a surgical procedure during which a metallic plate was implanted to stabilize the bones.

“The incident was directly caused by the gross negligence of the Defendant No. 01 (park director), who failed to maintain and inspect the ride adequately, however, a subsequent investigation revealed that the train had not undergone proper maintenance and safety checks for several months prior to the incident,” the plaintiff claimed. He said he and his father had suffered not only financially due to the cost of the treatment but also emotionally as he had to endure considerable physical pain, trauma and distress.

“The defendants owed a duty of care to the Plaintiff as paying visitors to the Safari Park, the failure to maintain and inspect the train ride adequately constitutes a gross breach of duty of care and the injury to the plaintiff and his father is the direct result of this breach,” he added.

“The incident occurred due to the negligent maintenance and operation of the train ride at Safari Park. The KMC, as the managing authority, failed to ensure the safety of the rides and has a duty to provide a safe environment for visitors. The assurances given by the park authorities regarding treatment and costs further establish their liability in this matter.”

He said he had approached the authorities for the compensation but to no avail and that his complaint was also declined by the Sindh ombudsman last year in June. The plaintiff requested the judge to order the defendants to pay a total of Rs5 million in damages to him for future medical treatment, disruption in his education, physical pain, emotional trauma and psychological impact of the incident as well as loss of enjoyment of life.