LAHORE: The Lahore High Court held that mere framing laws do not provide good results unless the law is strictly implemented by all the sections of the society in letter and spirit without fear, favour, and nepotism.
The court passed these observations in a petition of a student of the University of Agriculture, Faisalabad Mariam Sajjad against a doctor who conducted surgery on her and damaged her three vertebrae, (TI, T2 & T3) and also cut the spinal cord due to which she was unable to sit and lost control over urination and bowels.
The court modifying decision of the lower court observed that the trial court without properly appreciating the material evidence on the recorder had granted the lesser amount of damages and enhanced the damages from rupees five million to the tune of rupees ten million.
The Health Department after holding an independent inquiry had also found the respondent negligent and imposed the major penalty of withdrawing his pension.
The court observed that the respondent committed sheer medical negligence while performing surgery upon the appellant due to which the lower portion of the body of the appellant has become paralyzed and for the rest of her life she will be unable to stand and walk without any support from others.
The court said the appellant is not in a position to live a normal life and the loss caused to the appellant cannot be compensated in terms of money by granting reasonable damages, however, she can be compensated to some extent.
The court said under the Constitution a human life is given extraordinary sanctity and importance and the same cannot be left vulnerable to the mischief of the negligent.
The court said the Constitution of a country is a kind of social contract that binds people, society, and a State. To achieve the goal of ensuring every citizen and organ of the State is on the right path the nation, as a whole, has to honour the commitment in terms of the Constitution and law, the court added.
The court also said it is the duty of the members of the bar associations and the bar council to educate the people and to file suits for damages against the offenders apart from the criminal proceedings.
It is also the duty and obligation of media to cultivate awareness of rights, especially the law of tort which will ultimately compel every authority and functionary including the Chief Executive of the country to work within the framework of law and Constitution, the court concluded.
Copyright Business Recorder, 2024
Comments
Comments are closed.