Law:

Section:

Muhammad Khalid Mehmood Khan, J. The respondents Malik Muhammad Sher and Mst. Kamal Khatoon filed a suit against respondents No.3 to 5 and appellant for recovery of Rs.76,50,000/- being the damages under Fatal Accidents Act, 1855 claiming that their son Asim Nawaz Qamar while performing his duties at Lahore to Islamabad Motorway died due to negligent driving of respondent No.3, respondents No.4 , 5 and appellant are the owners of vehicles, the accident took place due to negligence of the driver, hence the owners alongwith driver are bound to pay the damages. It was asserted that at the time of death of their son he was 29 years of age and was drawing a salary of Rs.15,000/- per month, the average age in their family is 79 years, hence till the date of retirement he was entitled to receive salary of Rs.90,00,000/- and after deduction of 25% of his personal expenses the respondents are entitled to be paid Rs.67,50,000/-. Respondent No.3 and appellant contested the suit. The appellant claimed that he is not the owner of vehicle and as such he is not liable to pay the damages. The appellant submitted that the vehicle is in the name of respondent No.4 and respondent No.4 alone is responsible for payment of compensation if payable. It was further stated that the deceased met with an accident due to his own negligence as he wrongly crossed the road. The learned trial court framed the issues and after recording the evidence decreed the suit for Rs.49,80,970/- vide judgment and decree dated 19.04.2010. The learned trial court passed the decree against the appellant and respondent No.3. It was ordered that 50% of the decretal amount shall be paid to mother of deceased Kamal Khatoon and 50% will be shared by the legal heirs of Malik Muhammad Sher, father of deceased. It is pertinent to mention that father of deceased, Malik Muhammad Sher, died before passing the decree and his legal heirs were impleaded party to the suit. The appellant has assailed the judgment and decree dated 19.04.2010 through this appeal. 2. Learned counsel for appellant submits that according to FIR No.276 registered on 01.12.2003 under Section 279/320 PPC at Police Station Mid Ranjha District…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492