Law:

Section:

(a) Insurance Ordinance (XXXIX of 2000)------- --------S. 124-------Civil Procedure Code (V of 1908), O. I, R. 10 & S. 151-------Appeal to the High Court-------Scope-------Question was as to whether the High Court was barred under S. 124 of Insurance Ordnance, 2000 to consider the Constitutional petition against the order of the Insurance Tribunal on the application under O. I, R. 10, C.P.C.-------Section 124(1) of Insurance Ordinance, 2000 provided that 'the decision of the Tribunal on any application shall be final', which meant that once the Tribunal had given any decision in respect of any application presented to it, said decision became final and conclusive immediately upon its delivery and the Tribunal became functus officio-------Such decision could not be challenged under the scheme provided by the Insurance Ordinance, 2000-------Legislature had intended to confine the decision-making in respect of applications agitated before the Tribunal to the Tribunal itself-------Expression and shall not be questioned in any court or before any other authority' used in S. 124(1) of the Ordinance further cemented the finality of the decision made by the Tribunal in respect of any application agitated before it-------Section 124(2) of the Ordinance, however, provided an option of appeal before the High Court for a person aggrieved by a decision of the Tribunal, where the amount of claim was in dispute or the prescribed penalty was not less than one hundred rupees-------High Court, while exercising its supervisory powers under the Constitution, was fully competent in respect of orders passed by the subordinate courts or tribunals in violation of the principles of natural justice and to correct any error of law where no efficacious remedy was available-------Jurisdiction of the High Court was, therefore, not barred under S. 124 of the Ordinance against the impugned order of the Tribunal. 1998 SCMR 1899; 2011 CLD 931; 1995 CLC 239; 1999 SCMR 1881; 2013 SCMR 1707 and PLD 1997 SC 3 rel. (b) Insurance Ordinance (XXXIX of 2000)------- --------S. 41--------Civil Procedure Code (V of 1908), O. I, R. 10 & S. 151-------Requirement to effect and maintain reinsurer…

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