Law: Insurance Ordinance, 2000

Section: 118,122

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Limitation Act, 1908

Section: 19,149,Art.86(a)

Insurance Ordinance (XXXIX of 2000)--- ----Ss. 118 & 122---Limitation Act (IX of 1908), Ss. 19, 149 & Art. 86(a)---Civil Procedure Code (V of 1908), O. VII, R. 11---Life insurance claim---computation of period of limitation---Effect of acknowledgment in writing in relation to life insurance claim---Application of claimant for insurance claim along with liquidated damages was rejected by Insurance Tribunal on the ground that the same was barred by time---Contention of claimant was, inter alia, that fresh period of limitation would be computed from the time acknowledgment in writing of liability was given by the Insurance Corporation before Federal Ombudsman---Held, the insured deceased died on 23-8-2007 and claim of claimant was repudiated on 13-8-2009 by the Insurance Corporation after which claimant filed complaint before Federal Ombudsman before whom vide letter dated 28-6-2012; an acknowledgement in writing of liability of right of claimant was issued by the Insurance Corporation; therefore fresh period of limitation was to be computed from 28-6-2012 when the said acknowledgement of liability was signed and S. 19 of the Limitation Act, 1908 was therefore applicable to the present case---Question of limitation was a mixed question of law and facts and same could not be adjudged without recording of evidence and the Insurance Tribunal failed to consider applicability of S. 19 of the Limitation Act, 1908 and application of the claimant could not be summarily rejected while applying Art. 86(a) of the Limitation Act, 1908---Article 86(a) of the Limitation Act, 1908 would be applicable if the claim of the claimant was payable, whereas in the present case claim of the claimant was reputiated, and such aspect of the case was ignored by the Insurance Tribunal while passing impugned order---High Court aside impugned order and remanded the case to the Insurance Tribunal for decision afresh---Appeal was allowed, accordingly. Mst. Robina Bibi v. State Life Insurance Corporation of Pakistan 2013 CLD 477 rel. JUDGMENT CH. MUHAMMAD MASOOD JAHANGIR, J.---Akhtar Hussain the husband of the appellant was insured against a policy commencing from 1-11-2006 by the…

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