Case Details

Citation(s)
2013 SLG 1065 2013 SLD 1065 2013 CLD 1742
Securities and Exchange Commission of Pakistan
Appeal No.1 of 2012, decision dated: 11-02-2013. dates of hearing: 30-11-2012 and 11-02-2013
TARIQ HUSSAIN, DIRECTOR (INSURANCE)
Sheikh Khalid Mahmood, Regional Manager and M. Imran Butt an Official of the Insurance Company (Appellant). Dr. S.M. Sarosh for
Respondent.

MESSRS EAST WEST LIFE ASSURANCE COMPANY LIMITED

VS

MST. TEHMINA BASHIR

Law: Insurance Ordinance, 2000

Section: 76

Insurance Ordinance (XXXIX of 2000)---Ss. 76(4) & 130(2)---Cheating and mal-practice of the officials of the insurance company---Complainant had alleged that certain officials and agents of the insurance company, had unduly deprived her of Rs.3,90,000 in the name of issuing her insurance policies of the insurance company---Investigating Officer, had reported that said officials were involved in cheating and mal-practices, and he brought out their mal-practices into the notice of the senior officials of the company---Insurance company had failed to exercise adequate control over its field officials and agents, which resulted in cheating the complainant/widow by the company's officials---Such flaw of poor internal control in the management of the company, also caused, in the past, some troublesome situations for a number of people in other cases also---Order passed by the Insurance Ombudsman was upheld in terms of S.130(2) of Insurance Ordinance, 2000 and insurance company was directed to pay amount in question to complainant, plus the compensation as damages under S.118 of the Ordinance within 30 days of the receiving of that order for the mental agony the complainant had been suffering since the day she was robbed of her money. ORDER Under section 130 (2) Insurance Ordinance 2000 Dated 15th March, 2013 TARIQ HUSSAIN, DIRECTOR (INSURANCE).---This Order shall dispose of the Appeal No. 1 of 2012 dated 1-2-2012 filed by Messrs East West Life Assurance Company Limited under section 130(2) of the Insurance Ordinance, 2000 (the Ordinance) against the Order dated 10-1-2012 (the "Impugned Order") passed by the Hon'ble Federal Insurance Ombudsman (the Ombudsman) on the complaint filed by Mst. Tehmina on 2-7-2010, that the certain officials and agents of the Appellant insurance company, posted there at Bahawalpur had unduly deprived her of Rs.3,90,000 in the name of issuing her insurance policies of the insurance company. 1. Background Facts: Recalling the facts briefly, Mst. Tehmina in her a complaint with the Insurance Ombudsman submitted that the employees and agents of the Appellant insurance company, (therein the complaint, Respondents Nos.4 to 7) approached her…
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