Law:

Section:

(a) Insurance Ordinance (XXXIX of 2000)-------Ss. 118, 121 & 124---Limitation Act (IX of 1908), Art. 86(2)---Life insurance claim---Computation of period of limitation for filing of claim/application before the Insurance Tribunal under S.118 of the Insurance Ordinance, 2000---Scope---Deceased died on 9-7-2003 and claimant filed application under S. 118 of the Insurance Ordinance, 2000 on 31-7-2006; and such claim was held to be barred by time in view of Art. 86(2) of the Limitation Act, 1908---Validity---Period of three years notwithstanding the entries made in column No. 3 of Art.86(a) of the Limitation Act, 1908 would start from the point of time, when the proof of death of the insured had been given to or received by the insurer; and when merits of the case were adjudged on such provision of law---When on 17-6-2004, fact of death of insured was placed before the Insurance Corporation; it was the point of time from where period of limitation was to be started for filing of an application under S.118 of the Insurance Ordinance, 2000 before the Insurance Tribunal---Application of claimant was therefore within time and claimant was wrongly made victim of limitation---High Court set aside impugned order of Insurance Tribunal and allowed application of the claimant---Appeal was allowed, accordingly. (b) Insurance Ordinance (XXXIX of 2000)--- ----Preamble & S. 118--- Insurance laws--- Deficiencies--- No period of time prescribed in which a claim had to be decided by the Insurance Corporation or an Insurance Company---Unbridled power available with Insurance Corporations to keep claims pending for an indefinite period of time--- High Court observed that there was need for necessary legislation and amendment in the Insurance Ordinance, 2000---Comparative legislation and principles examined---Recommendations and proposals for legislative reforms outlined. JUDGMENT IBAD-UR-REHMAN LODHI, J.---This is an appeal under section 124(2) of the Insurance Ordinance, 2000, arising out of the judgment, passed by the learned Insurance Tribunal Punjab, Lahore, on 31-3-2008, whereby, the application of present appellant Mst. Inayat Begum, for recovery of death claim along…

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