Law:

Section:

Tort--Constitution of Pakistan (1973), Art. 185(3)---Decree in favour of plaintiffs for damages, mental torture and inconvenience awarded by Trial Court and affirmed by High Court---Validity---Leave to appeal was granted to consider; whether risk of fire was covered on the day when fire had taken place viz. on specified date; and whether Trial Court was justified to decree plaintiffs' suit in terms of their prayer on basis of evidence brought on record and High Court was justified to affirm the same. M. Sardar Khan, Advocate Supreme Court for Appellants. Mian Younas Shah, Advocate Supreme Court for Respondents. Date of hearing: 14th November, 1995. ORDER AJMAL MIAN, J.----This is a petition for leave to appeal against the judgment dated 29-11-1994 passed by a Division Bench of the Peshawar High Court, filed by the petitioners against the judgment and decree dated 5-5-1993 of the learned Civil Judge 1st Class, Peshawar, amounting to Rs.4,09,927 i.e. Rs.3,09,927 being the amount of loss on account of fire and Rs.1,00,000, being the amount of damages for the mental torture and inconvenience suffered by the respondents awarded on the basis of an insurance policy, dismissing the same by affirming the above judgment/decree of the trial Court. The petitioners have, therefore, filed the present petition for leave to appeal. 2. In support of the above petition, we have heard Mr. M. Sardar Khan, learned A.S.C. for the petitioners, and Mian Younas Shah, learned A.S.C. for the respondents/caveators. We are…

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