Law: Insurance Ordinance, 2000

Section: 77

Insurance Ordinance (XXXIX of 2000)--Ss. 77, 78, 79, 80, 118, 122, 123 & 124---Appeal before High Court---Application for recovery of insurance amount with liquidated damages---Refusal of insurance company to pay such amount to widow on ground that deceased had concealed his ailment while getting life insurance policy---Insurance Tribunal decreed widow's claim partially---Validity---Record showed that before acceptance of insurance policy, competent doctor of insurance company had examined deceased and found him fit medically---Insurance company had regularly received premium from deceased, who remained alive for three years after getting such policy, but had not raised such objection during his life time---Insurance company was not legally entitled to repudiate or avoid insurance contract after lapse of three years and that too even after death of deceased---Insurance company had failed to pay amount of insurance policy to widow within stipulated 90 days, rather had delayed its payment for more than six years---Original amount decreed by Tribunal would not be proper redressal of grievance of widow while keeping in view increase in prices of daily commodities and devaluation of currency---High Court dismissed appeal of insurance company by awarding cost of Rs. 50,000 to widow in addition to decretal amount. JUDGMENT IKRAMULLAH KHAN, J.---State Life Insurance Corporation of Pakistan, through its Chairman and 5 others have impugned order dated 13-3-2012 passed by the learned Insurance Tribunal Peshawar/District Judge, Peshawar, through the instant appeal. 2. Relevant facts are that one Liaqat Ali (Now deceased) entered into a contract with appellants for life insurance policy in the year 2004, which was termed as "Jeven Sathi Mansoba" Both parties signed the said agreement after fulfilling all the codal formalities required for such like contract of life insurance under the requisite rules in vogue at that time. The policy holder, deceased Liaqat Ali was murdered by some one and in this respect an F.I.R. was lodged (this fact is not disputed). The respondent No.1, who is widow of deceased Liaqat Ali, filed her claim with appellants to collect the sum of the…

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