Law: Insurance Ordinance, 2000

Section: 118,124

Insurance Ordinance (XXXIX of 2000)--- ----Ss. 118 & 124---Insurance claim---Determination---Limitation---Insured (company) did not provide necessary relevant documents to surveyors, which were mandatory in respect of insurance claim regarding fire when it took place for the second time at the same premises for the same machinery---Insurance Tribunal passed and decree in favour of (insured) company and against the insurance company---Validity---Overwhelming evidence was available in the form of survey reports and various examinations and cross-examinations and the Insurance Tribunal did not apply judicious mind to such evidence---Highest possible claim that any surveyor proposed was in the sum of Rs.1,56,61,621/- but Insurance Tribunal in its order, for no cogent reasons accepted the claim in full to the tune of Rs. 3,41,90,000/- without assigning any reasons---Findings of Insurance Tribunal on the relevant issues were not based on facts as depicted from the records and claim in whole should not have been granted at all, as none of the surveyors recommended the same---Suit against rejection had to have commenced within no more than three months after the rejection and the insured took four months and 18 days---Order which had held that suit was not hit by limitation was not only bad as to the facts rather had failed to apply appropriate law---High Court, in exercise of appellate jurisdiction, set aside and decree passed by Insurance Tribunal against insurance company, resultantly suit was dismissed---Appeal was allowed in circumstances. Mrs. Nasreen Begum v. State Life Insurance Corporation 2009 CLD 1480; Mst. Nasim Bibi v. State Life Insurance Corporation 2015 CLD 1155 and State Life Insurance Corporation v. Mst. Nasim Begum 2009 CLC 1413 rel. 2014 MLD 1095; 2010 CLC 792; 2010 CLD 1171; EFU General Insurance Limited v. Fahim-ul-Haq 1997 CLC 1441; PLD 1989 Lah. 390; PLD 1982 Kar. 627 and AIR 1940 Bombay 225 ref. THIS JUDGMENT DELIVERED BY: ZULFIQAR AHMAD KHAN, JUSTICE:---.--- Being aggrieved and dissatisfied with the Judgment and Decree passed in Suit No. 09 of 2007 passed by the Insurance Tribunal for Sindh, the Appellant, who is an Insurance Company has…

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