Law: Insurance Ordinance, 2000

Section: 2(lxv),121,122(1)(a)(d),122,123,124,122( 2),124(2)

(a) Insurance Ordinance (XXXIX of 2000)--- ----Ss. 2(lxv) & 121---Insurance Tribunal---Scope---Insurance Tribunal is an adjudicatory forum within the framework of Insurance Ordinance, 2000. (b) Insurance Ordinance (XXXIX of 2000)--- ----S. 122(1)(a)(d)---Insurance Tribunal--- Powers vested with Civil Court under Civil Procedure Code, 1908---Applicability---Scope---Intention of Legislature is not that the Tribunal which is a 'persona designata' has become a "Civil Court"---Provisions of S. 122(1)(a)(d) of Insurance Ordinance, 2000, are meant to facilitate Insurance Tribunal to get its decision/mandate implemented by adopting coercive mechanism provided in Civil Procedure Code, 1908. (c) Insurance Ordinance (XXXIX of 2000)--- ----Ss. 121, 122, 123 & 124---Insurance Tribunal---Execution of order---Non-drawing of decree sheet---Claim against insurance company was accepted by Insurance Tribunal and the decision was not challenged in appeal---Tribunal, on the application of respondent, initiated proceedings to execute its decision---Plea raised by insurance company was that without drawing a formal decree sheet, Insurance Tribunal could not execute its decision---Validity---Insurance Tribunal was vested with powers of "Civil Court" under S. 122 of Insurance Ordinance, 2000 but the decision made by the Tribunal was capable of being executed without there being formal decree drawn by Insurance Tribunal---Original decision dated 21-3-2013 passed by Insurance Tribunal was not challenged in appeal under S. 122(2) of Insurance Ordinance, 2000, and the same had attained finality---Objection petition filed by insurance company to the effect that no execution proceedings could be carried out without there being a formal decree had also been dismissed on 19-3-2014, and the same had also not been challenged--- After order dated 19-3-2014, insurance company had been appearing before Insurance Tribunal and seeking time to adjust the claim but no positive step was taken to satisfy claim of respondent---Insurance Tribunal was left with no other option but to resort to coercive mechanism provided in Civil Procedure Code, 1908, in exercise of powers conferred upon it under S.…

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