Law: Insurance Ordinance, 2000

Section: 121

(a) Insurance Ordinance (XXXIX of 2000)--Ss. 121 & 122---Civil Procedure Code (V of 1908) O.VII, R.11 & S.9---Insurance Tribunal, jurisdiction of---Scope---Suit for recovery of unpaid premium---Plaint of Insurance Company was returned by Trial Court on the ground that the same should be filed before the Insurance Tribunal constituted under Ss. 121 & 122 of the Insurance Ordinance, 2000; and that the civil court had no jurisdiction in the matter---Validity---Insurance Tribunal under S.122(1) of the Insurance Ordinance, 2000 had been created to adjudicate upon claims as may be invoked by the Policy Holder(s) against an Insurance Company in respect of the policy of insurance---Courts below failed to take note of the fact that jurisdiction of Insurance Tribunal in terms of S.122(1)(a) of the Insurance Ordinance, 2000 could only be invoked by the "Policy Holder" and not the Insurance Company---Present suit had been filed by an Insurance Company against its Policy Holders and the only remedy that could be availed by the Insurance Company was by filing a suit before civil court in terms of S.9, C.P.C.---High Court set aside impugned order of Trial Court and remanded the case to Trial Court---Appeal was allowed, in circumstances. State Life Insurance Corporation v. Rana Muhammad Saleem 1987 SCMR 393; Messrs EFU General Insurance Limited v. Fahim-ul-Haq 1997 CLC 1441 and 2001 Pakistan Supreme Court Cases 233 ref. (b) Jurisdiction--- ----Concurrent jurisdiction---Special Courts/Tribunals---Where two courts had concurrent jurisdiction on the subject matter of a controversy, the parties to the dispute may by agreement agree to invoke jurisdiction of one court; however, such proposition would not be attracted where jurisdiction was conferred exclusively with a Special Court or Tribunal created under a special enactment /statute. 1987 SCMR 393 distinguished. (c) Constitution of Pakistan--- ----Art. 175(2)---Jurisdiction of courts---No court shall have jurisdiction unless conferred on it by the Constitution or under any other law and parties could neither take away nor confer jurisdiction even by consent and/or agreement. JUDGMENT MUSHIR ALAM, C.J.---This is an…

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