Case Details

Citation(s)
2015 SLG 1471 2015 SLD 1471 2015 CLD 342
Lahore High Court
R.F.A. No. 1015 of 2012, heard on 13-03-2014
ALI BAQAR NAJAFI AND ATIR MAHMOOD, JJ
Ibrar Ahmad for Appellant. Liaqat Ali Butt for
Respondent

STATE LIFE INSURANCE CORPORATION OF PAKISTAN through Attorney

VS

Mst. BASHIRAN BIBI

Law:

Section:

Insurance Ordinance (XXXIX of 2000)-------Ss. 115, 118 (2) & 124---Insurance claim---Application of Pakistan law to insurance polices issued in Pakistan---Insurance Tribunal accepted insurance claim of respondent along with liquidated damages---Plea raised by appellant/insurance company was that Insurance Tribunal could only entertain insurance policy issued after commencement of Insurance Ordinance, 2000---Validity---Provisions of S.118 of Insurance Ordinance, 2000, could not be extended to policies issued before commencement of Insurance Ordinance, 2000, therefore, Insurance Tribunal set up under Insurance Ordinance, 2000, had no jurisdiction to adjudicate upon the matter---Insurance claim of such policies could only be filed before civil Court---Appeal was allowed in circumstances. Mst. Ribina Bibi v. State Life Insurance and others 2013 CLD 477 and Civil Appeals Nos.449-L of 2009, 284 to 286, 283-L, 586-L to 591-L, 609-L to 613-L, 637-L to 640-L and 767-L of 2013, 817, 818 of 2010, 56-L, 63-L of 2011, 623-L to 628-L, 723-L, 726-L to 731-L of 2013 and Civil Petition No.1253-L of 2011 and 1516-L to 1521-L of 2013 reported as 2014 SCMR 655 = 2014 CLD 506 rel. JUDGMENT ALI BAQAR NAJAFI, J.---Through this regular first appeal the judgment and decree dated 22-11-2012 is challenged whereby the claim of the respondent was accepted along with liquidated damages under section 118(2) of the Insurance Ordinance, 2000 at monthly rate of 5% higher than the prevailing base rate. 2. The main argument of the learned counsel for the appellant is regarding maintainability of the application for recovery of the policy proceeds and payment of the liquidated damages under section 118 of the Insurance Ordinance, 2000 on the ground that in the judgment titled Mst. Robina Bibi v. State Life Insurance and others (2013 CLD 477) where in para 21 it has been held that the Insurance Policy issued after the commencement of the Ordinance, 2000 i.e. 19-8-2000 can be entertained by the Insurance Tribunal which judgment has been upheld by the apex Court on 4-2-2014, therefore, the insurance policy dated 1-7-2000 was issued prior to the commencement of the said Ordinance, thus should have…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

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