| Citation(s) |
|---|
| 2014 SLG 2141 2014 SLD 2141 2014 CLD 1122 |
Lahore High Court
Insurance Appeal No.278 of 2013, heard on 12-11-2013.
AMIN-UD-DIN KHAN AND ABID AZIZ SHEIKH, JJ
Qaim Ali Memon and Ch. Javed Iqbal for Appellant. Liaqat Ali Butt for
Respondent No. 2.
Insurance Appeal No.278 of 2013, heard on 12-11-2013.
AMIN-UD-DIN KHAN AND ABID AZIZ SHEIKH, JJ
Qaim Ali Memon and Ch. Javed Iqbal for Appellant. Liaqat Ali Butt for
Respondent No. 2.
JUBILEE LIFE INSURANCE COMPANY through Manager
VS
ADDITIONAL DISTRICT AND SESSION JUDGE and another
Law:
Section:
Insurance Ordinance (XXXIX of 2000)-------S. 118---Suit for recovery of insurance proceeds with accrued bonus under insurance policy and liquidated damages---Refusal of Insurance Company to accept such claim on ground that insured being a serving Police Inspector, who died due to heart attack just after payment of two premiums, had not provided correct information about his health---Proof---Insurance Company had not proved giving of wrong information by insured about his health in Proposal Form---Doctor examined by Insurance Company had denied validity of medical certificate issued by him regarding health of insured---Insurance Company at its option had not got medically examined insured before entering into contract of life insurance policy---Insurance Company had not examined person having conducted inquiry after submission of claim by plaintiff---Insurance Company would have to suffer, if having foregone any formality regarding medical examination of insured person before entering into life insurance policy---Suit was decreed in circumstances. Malik Muhammad Faisal and another v. State Life Insurance Corporation through Chairman and 2 others 2008 SCMR 456 ref. JUDGMENT AMIN-UD-DIN KHAN, J.---Through this appeal appellant has challenged the judgment passed by learned Additional District Judge-I/Insurance Tribunal Punjab, Lahore dated 7-2-2013 whereby claim of insurance filed by the respondent widow of the insured person Muhammad Ramzan Bhatti was accepted and appellant was directed to pay the policy proceeds amounting Rs.5,00,000 with accrued bonus under the policy along with liquidated damages as provided under section 118(2) of Insurance Ordinance, 2000 from the date of repudiation order i.e. 21-5-2012 at monthly rests @ 5% higher than the prevailing base rate till its realization. 2. Learned counsel for the appellant argues that two instalments amounting to Rs.6,000, i.e. Rs.3,000 each was deposited by the insured person, who was a serving police Inspector and policy was given to him on 15-1-2012 whereas he died on 3-3-2012 due to heart attack. Argues that insured person did not provide correct information about his health as he was a cardiac patient,…
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