Law:

Section:

Insurance Ordinance (XXXI of 2000) -------S. 2(xxvii)---Application for recovery of accidental death benefits---Contention of insurance company was that the death of deceased was due to murder and assault and such risk was excluded from "accidental death benefits"---Insurance Tribunal accepted deceased's widow's claim---Validity---Assault/murder was done with malice or due to some personal enmity whereas accidental death was caused spontaneously and through unexpected external force---Death had been caused by the events which were unusual to the deceased---Incident took place unexpectedly and without any apparent cause or fault on the part of the deceased---Deceased had embraced 'Shahadat' in line of duty when he was injured in a suicidal bomb blast--- Death of deceased was not assault or murder to be treated as excluded risk--- Respondent's case was covered by the 'risk clause'--- Refusal on the part of Insurance Company to the extent of accidental death benefits was unjustified---Respondent was entitled for the recovery of said claim---Appeal was dismissed in circumstances. JUDGMENT MUSARRAT HILALI, J.---Impugned herein is the judgment dated 16-2-2012 of learned District Judge/ Insurance Tribunal, N.-W.F.P., Peshawar whereby petition of the respondent with regard to benefits of accidental death was allowed. 2. Background of the controversy is that Late Muhammad Iqbal Marwat, Ex-District Police Officer, Bannu was critically injured in a suicide bomb blast at Bannu on 11-2-2010, who was rushed to Cantonment Military Hospital, Rawalpindi but could not survive and embraced 'Shahadat' in the hospital on 17-2-2010. During the life time, the deceased had insured himself with the appellants for a sum of rupees one million. The respondent/widow being nominee preferred an application to the appellants for claim of insured amount. The latter paid Rs.10,50,000 but declined to pay the amount of accidental death benefits albeit according to the respondent it was covered by supplementary contract AIB No.599195-Occup extra. After refusal of the accidental death benefits/claim, the respondent vide application approached the appellants for accidental benefit but with no…

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