Law:

Section:

(a) Insurance Ordinance (XXXIX of 2000)-------Ss. 122(1)(a) & 122(3)---Punjab Consumer Protection Act (II of 2005), S.2(c)(ii) & 13---Constitution of Pakistan, Arts. 143, 199 & Fourth Sched., Federal Legislative List, Item No.29---Constitutional petition---Inconsistency between Federal and Provincial law---'Consumer'---Definition---Liability for faulty or defective services---Scope---Claim under an insurance policy filed before Consumer Court--- Maintainability--- Jurisdiction of Insurance Tribunal--- Scope--- Insurance company (respondent) allegedly failed to pay the policy proceeds to the policy-holder for his insured car---Policy-holder claimed relief before the Consumer Court in his capacity of a policy-holder of the insurance company, alleging that the insurance company committed a breach by failing to perform its duty/service according to the policy-holder's insurance policy---Insurance company assailed the order of the Consumer Court with the contention that for a claim arising from an insurance policy, Consumer Court could not have any jurisdiction to determine a dispute, as such jurisdiction solely vested in an Insurance Tribunal---Validity---Subject of insurance was dealt with by Item No.29 of the Federal Legislative List in the Fourth Sched. to the Constitution, and Insurance Ordinance, 2000, was framed in exercise of authority conferred by Item No.29 of the Federal Legislative List---Section 122(3) of the Insurance Ordinance, 2000, provided that jurisdiction of the Insurance Tribunal was exclusive in matters that fell within the ambit of its authority, and S.122(1)(a) of the Insurance Ordinance, 2000 stated that jurisdiction of the Insurance Tribunal extended to "claims filed by a policy holder against an insurance company in respect of or arising out of a policy of insurance"---Claim of policy-holder fell under S.122(1)(a) of Insurance Ordinance, 2000, as the said provision created an exclusive remedy in respect of claims based on Insurance policies--- Insurance Ordinance, 2000, as a competent Federal Legislation prevailed over conflicting Provincial Legislation under Art.143 of the Constitution, and even otherwise provisions of a…

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