Case Details

Citation(s)
2016 SLG 3415 2016 SLD 3415 2016 CLD 2003
Supreme Court of Pakistan

IQBAL HAMEEDUR RAHMAN, UMAR ATA BANDIAL AND IJAZ-UL-AHSAN, JUSTICE

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JUBILEE GENERAL INSURANCE CO. LTD.

VS

RAVI STEEL COMPANY

Law:

Section:

Insurance Ordinance (XXXIX of 2000)------- --------Ss. 124(2) & 123(5)-------Limitation Act (IX of 1908), Ss. 12 & 29-------Appeal against decision of Tribunal-------Limitation period of 30 days for filing appeal, commencement of-------Uncertified copy of Tribunal's decision-------Perusal of provisions of S. 124(2) of the Insurance Ordinance, 2000 read with S. 123(5) thereof, revealed that there was no requirement for filing 'certified copy' of the Tribunal's decision along with the appeal thereagainst-------In the present case when the appellant selected the course of filing his appeal with the aid of an uncertified copy of the Tribunal's decision, which was already available with him on 3-10-2012, it was clear that starting point of limitation was the date on which the appellant had knowledge of and was handed over a copy of the decision by the Tribunal-------Appellant was aware of the Tribunal's decision and had received copy thereof on 3-10-2012-------Accordingly, the appeal filed by the petitioner on 3-11-2012 was time barred-------Petition for leave to appeal was dismissed accordingly. Mian Allah Nawaz, Senior Advocate Supreme Court and A.H. Masood, Advocate-on-Record for Petitioner. Zaheer-ud-Din Babar, Advocate Supreme Court and Ibrar Ahmed, Advocate Supreme Court for Respondent. Date of hearing: 29th June, 2016. THIS ORDER PASSED BY: UMAR ATA BANDIAL, JUSTICE:--------- This petition challenges the judgment of the learned Division Bench of the Lahore High Court dated 06.04.2016 whereby the appeal filed by the petitioner under section 124(2) of the Insurance Ordinance, 2000 ("Ordinance") against the order of the learned Insurance Tribunal ("Tribunal") dated 03.10.2012, has been dismissed as being time barred. Section 124(2) of the Ordinance provides that an aggrieved party may prefer an appeal against the decision of the Tribunal "to the High Court within a period of 30 days from the date of such decision." (emphasis supplied). Section 123(5) of the Ordinance specifically provides that the Tribunal shall provide a copy of its decision to each party. The petitioner filed its appeal under section 124(2) of the Ordinance on 03.11.2012 by appending…
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