' TANVIR AHMED KHAN, J.---By this common order, we propose to decide Civil Petitions Nos.1633-L to 1636-L of 2002, involving identical questions of law and facts.
2. Leave to appeal is sought against a consolidated judgment dated 4-3-2003 whereby learned Single Judge of the Lahore High Court, Lahore, affirmed the determinations of the learned Additional District Judge, Lahore, and of the learned Civil Judge, as well, whereby the respondents were awarded Rs,5,000 in each suit, as token damages.
3. Facts briefly are that the respondents filed suits against the petitioners in December, 1991, for recovery of damages for an amount of Rs,25,000 in each suit. It was averred in the plaints that they got reserved seats in Shalimar Express Train in Lower A.C. Class in Coach No,1-A for the 28th of July, 1991. When they reached Railway Station, they were informed that Lower A.C. Class Coaches got damaged whereupon Ordinary Coaches Nos.9755 and 9765 were provided. The respondents had no option but to travel through those Coaches under protest and faced mental torture in the month of July under great heat and temperature. Due to averment made by the respondents- plaintiffs, were controverted by the petitioners-defendants on the ground that the Lower A.C. Class Coaches could not be provided because of the mechanical defect. Out of contradictory pleas of the parties, issues were framed and the parties led their evidence. From the petitioners'- defendants' side, Malik Abdul Majeed, Head Clerk, appeared who admitted that the respondents- plaintiffs could not travel by the Lower A.C. Class Coaches on 28-7-1991, and travelled in ordinary coaches because the Lower A.C. Class Coaches were technically damaged. He, however, could not provide cause of the technical damages. He had further admitted in his cross-examination that no record could be made available for the said technical defect.
4. The learned Civil Judge after scanning the entire evidence, decreed the suits to the extent of Rs,5,000 in each suit through his judgments dated 15-12-1992. The petitioners-defendants filed appeals which were dismissed by the learned Additional District Judge, Lahore, vide his judgments dated 14-11-1993. Revision petitions have also been dismissed through the impugned consolidated judgment dated 4-3-2003 by the learned Single Judge of the Lahore High Court, Lahore. Hence, these petitions for leave to appeals.
5. We have considered the contentions raised by the learned counsel for the petitioners and have gone through the documents appended with these petitions. We have noticed that nothing has been brought on record from the petitioners' side to substantiate their cases. Neither they provided any evidence to prove that there was any technical damage to the Lower A.C. Class Coaches nor any issue was framed to that effect. The petitioners-Railway Authorities had dealt with these cases in a most causal manner without appreciating the damages and hardships which are faced by the public at large. The respondents in order to undertake the journey got reserved Lower A.C. Class seats in view of the temperature and atmosphere prevalent in the month of July in this part of the country. The Courts below, after examining the evidence brought on record by the parties have determined a question of fact that the respondents had suffered mental tortures because of the conduct and behaviour of the petitioners' Department. It would be appropriate to reproduce the determination of the learned first Appellate Court, which is in the following terms:-- "7. It is an admitted fact that the plaintiff had travelled by train bound from Lahore to Karachi on 28-7-1991. The appellants admitted that the plaintiffs/respondents had reservation . In Shalimar Train by .A.C. Compartment. The month of July is normally very hot and the persons who get reservation to travel in the month of July always have that for their convenience. The contention of the appellants that the notice was being pasted right at the platform that A.C. Compartment could not be attached with Shalimar. No copy had been furnished on the file by the appellants. Further the evidence of D.W.1 shows that for the purpose of receiving differences a certificate from the Guard ought to have been received. It is inscrutable as to how the Department had cancelled the A.C. Compartment with the Shalimar Train without any written information to the passenger bound to travel by A.C.C. Nothing had been placed on the record that any such notice was pasted or the passengers were informed accordingly. The appellants ought to have produced the record being maintained by them that the notice was being pasted at the Railway Station. There could be possibility for not attaching the A.C. Compartment in unavoidable circumstances but no such circumstances had been brought on the file of the learned trial Court. The plaintiffs/respondents had suffered mental torture by travelling in ordinary class in the scorching heat of sun in the month of July. The learned trial Court was justified in granting a decree of Rs,5,000 as damages to the plaintiffs/respondents. No exception can be taken by me. The decision on Issue No,5 is hereby affirmed."
6. It may be noted with grief that the Department/Governmental Authorities do not bother to realize the difficulties faced by the public at large who, even to get their vested rights, have to run from pillar to post. It is sorry to say that instead of curing/mending their faults the Departmental functionaries conceal the same and try to justify their shameful act with obstinacy. In the present case the petitioners could not bring on record an iota of evidence to show that there was any technical damage to the Lower A.C. Class Coaches at the relevant time. In spite of the same the learned trial Judge took very lenient view by awarding only token damages. The departmental functionaries wasted much of public money in this uncalled for litigation for all this period spreading over more than a decade.
7. Learned counsel for the petitioners had not been able to point any misreading or non-reading in the evidence available on the record warranting interference in the impugned judgment dated 4- 3-2003 of the learned Single Judge of the Lahore High Court.