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2015 MLD 1206

KAMANGO COLLEGE BUS ACCIDENT vs NOT

Citation2015 MLD 1206
CourtGilgit Baltistan Chief Court
Case No.Suo Motu Case No, 1 of 2014
Date2014-11-08
Judge(s)Sahib Khan, Muhammad Yar
ResultOrder accordingly

ORDER

1. 'SAHIB KHAN, C.J.---The cognizance was taken in this matter on publication of a news item in daily K-2 regarding the fateful incident happened near Kamango village Sub Division Kharmang District Skardu whereby a bus owned by a private women college "Al-Zahra College" met an accident while travelling from Skardu to Kharmang fell in the river Indus and lost ten precious lives including driver and Administrator of the said College.

2. ' The sad and heart touching episode reported in the press on 5th of October, 2014 and this court in exercise of power under Article 71 sub-clause 2 of Gilgit-Baltistan (Empowerment and Self Governance) Order 2009, taken up the matter on judicial side, on the office report.

3. ' After taking the matter on judicial side the named above officers appeared in response of the court notice and put their attendance they all filed their comments and detail reports on the subject of incident.

4. ' Furthermore the above named officers present in court stated at bar that as a result of their day and night efforts as per direction of this court they succeeded to recover the dead bodies except one, they further assured that they will recover the left dead body with the help of locals, army personel quite vigilant in this regard.

5. ' Akhond Muhammad Ali Advocate submitted that the legal heirs of the deceased from there own resources approximately spent three lac (Rs,3,00,000) to the recovery of dead bodies which they paid to the rock rafters, helpers and divers hired from Kohistan. Further requested to issue directives to the Provincial Government for payment of the above said amount as they are belonging to poor families.

6. ' Keeping in view the position explained above in compliance of order of this court, further proceeding in the matter is closed with the following directions:--

(i) The District Administration Sakrdu is directed to bear the expenditure amounting to rupee three lac incurred during the recovery of the dead bodies by each legal heir of the deceased which they paid to the rock rafters, helpers and divers.

(ii) The District Administration is directed to establish fully equipped rescue and trained staff for rescue in such like incidents.

(iii) The in-charge Traffic Police and SP Licensing Authority is directed to carry out the verification of valid driving license of the drivers employed with public transport vehicles as well as school and college(s) vehicles.

(iv) The private school owners are directed not to employee any person(s) as driver having less than five years experience for plying buses coaches and Vans holding the license of HTV (Heavy Transport Vehicle) in future.

(v) The owners of private school and colleges are directed to insure their buses/coaches/Vans from recognized insurance companies.

(vi) PWD authority is directed to remove sharp cuts and widening the road and install safety guards where necessary especially the place where the fateful accident occurred.

(vii) Authorities of Water and Power department are directed not to use the roads for installment of electric polls and water channels etc without prior written permission from the department concerned and land owners.

7. (viii)Excise and Taxation officers are directed to carry out the fitness of the school buses/Coaches/Vans as well as public transport on monthly basis and report be submitted to concerned Deputy Commissioners with the intimation to this court.

(ix) Principal/Administration of Al-Zahra College is directed to furnish detail of their vehicles with certified copies of CNIC and driving licenses of drivers to the Deputy Commissioner Skardu within 10 days after receiving the copy of this order with the intimation of this Court.

8. ' The office is directed to circulate the order to the concerned quarters for compliance. File.

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