| Citation(s) |
|---|
| 2018 SLG 1578 2018 SLD 1578 2018 CLD 903 |
Sindh High Court
Constitutional Petitions Nos. D-2261 of 2015, D-2369, D-3149 and D-3150 of 2016, decided on 22-11-2017. Date of hearing: 24-08-2017.
MUNIB AKHTAR, JUSTICE, ZULFIQAR AHMAD KHAN, JUSTICE
Sibtain Muhmud for Petitioner. Asim Mansoor Khan, Deputy A.G. for
Respondent No.1. Munir-ur Rehman for
Respondent No.3 (in C.P. No. D-2261 of 2016). Raja Sikandar Khan Yasir for
Respondent No.3 (in C.P. No. D-2369 of 2016).
Constitutional Petitions Nos. D-2261 of 2015, D-2369, D-3149 and D-3150 of 2016, decided on 22-11-2017. Date of hearing: 24-08-2017.
MUNIB AKHTAR, JUSTICE, ZULFIQAR AHMAD KHAN, JUSTICE
Sibtain Muhmud for Petitioner. Asim Mansoor Khan, Deputy A.G. for
Respondent No.1. Munir-ur Rehman for
Respondent No.3 (in C.P. No. D-2261 of 2016). Raja Sikandar Khan Yasir for
Respondent No.3 (in C.P. No. D-2369 of 2016).
MESSRS JUBILEE LIFE INSURANCE CO. LTD.
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY LAW, MINISTRY OF LAW AND JUSTICE DIVISION AND OTHERS
Law:
Section:
Insurance Ordinance (XXXIX of 2000)--- ----Ss. 127, 130(2), 122 & 75---Securities and Exchange Commission (Insurance) Rules, 2002---Factual controversy---Ombudsman, decision of---Petitioner was an insurance company and assailed order passed by Insurance Ombudsman on complaints filed by legal heirs of insured---Dispute between parties was with regards to non-disclosure of ailments before purchase of insurance policies---Plea raised by petitioner was that Insurance Ombudsman did not have jurisdiction over the matter---Validity---Factual aspect of controversy whether insured had knowledge of their ailments before date of purchase of respective insurance policies, could not be adjudicated by High Court in exercise of jurisdiction under Art. 199 of the Constitution---Respondents committed no illegality in approaching the Ombudsman for redressal of their grievance through mechanism provided under S. 127 of Insurance Ordinance, 2000---Appropriate remedy of challenging orders of Ombudsman, according to S. 130(2) of Insurance Ordinance, 2000 was to file appeal before Securities and Exchange Commission of Pakistan within 30 days---Procedure was governed by Securities and Exchange Commission (Insurance) Rules, 2002---Appropriate remedy provided by law was not adopted by petitioner---Alternate remedy perfectly adequate was available to insurance company and same was not availed for justifiable reasons---Constitutional petition was dismissed in circumstances---W.P. No.21910 of 2009 dissented from. M. R. Transport Company v. National General Insurance Company Ltd. 2001 CLC 1618; Pakistan International Airlines Corporation v. Air Master (Pvt.) Ltd. and another PLD 2004 Kar. 77; Shafaatullah Qureshi v. Federation of Pakistan PLD 2001 SC 142 and Muhammad Aslam Khan v. Government of Pakistan and others PLD 1993 Kar. 41 distinguished. W.P. No. 21910 of 2009 dissented from. Pakistan Packages Private Limited v. Adamjee Insurance Company Ltd. 2014 CLD 913; Shafiq Bibi v. State Life Insurance Company 2015 CLD 1185; Muhammad Imran v. Chief Executive Office 2011 CLD 1170 and East West Life Insurance Company Ltd. v. Mst. Tehmina Bashir 2013 CLD 1742 rel. THIS JUDGMENT DELIVERED BY:…
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