| Citation(s) |
|---|
| 2018 SLG 1570 2018 SLD 1570 2018 CLD 754 |
Lahore High Court
Insurance Appeal No. 33 of 2016, heard on 01-02-2018.
MUHAMMAD FARRUKH IRFAN KHAN, JUSTICE, CH. MUHAMMAD IQBAL, JUSTICE
Ibrar Ahmad for Appellants. Liaqat Ali Butt for
Respondent.
Insurance Appeal No. 33 of 2016, heard on 01-02-2018.
MUHAMMAD FARRUKH IRFAN KHAN, JUSTICE, CH. MUHAMMAD IQBAL, JUSTICE
Ibrar Ahmad for Appellants. Liaqat Ali Butt for
Respondent.
STATE LIFE INSURANCE CORPORATION OF PAKISTAN THROUGH ZONAL HEAD/ATTORNEY AND OTHERS
VS
MST. NUSRAT BEGUM
Law:
Section:
Insurance Ordinance (XXXIX of 2000)--- ----S. 118---Recovery of insurance policy proceeds along with liquidated damages---Dispute whether insurance policy had lapsed at the time of insured's death---Perusal of the record as well as evidence of the parties available on the record showed that the lapsed insurance policy re-commenced before the insured's death in an accident---All the documents for revival after attestation from the concerned Embassy were received by the Branch Manager of the Insurance Corporation who processed the same and after receipt of the amount the said policy stood revived, whereas the insured person/deceased died subsequent to that as such at that time the policy was in vogue---Moreover oral as well as documentary evidence established that deceased obtained insurance policy from the Insurance Corporation which lapsed due to non-deposit of premium but subsequently was revived before the death of the insured person---Sales Manager of Insurance Corporation admitted that the policy stood revived and he himself deposited the amount and fine---Admittedly, policy was revived by the authorized officials of the Insurance Corporation and no action had been taken against the said officials, which led to an irresistible conclusion that no fraud was committed in revival of the insurance policy, as such, the Insurance Tribunal had rightly allowed recovery of policy proceeds along with liquidated damages---Appeal was dismissed accordingly. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IQBAL, J.--- Through this appeal, the appellants have challenged the vires of judgment dated 10.12.2015 passed by the learned Insurance Tribunal Punjab, Lahore whereby application for recovery of Policy Proceeds under Policy No.507590475-3 amounting to Rs.5,00,000/- along with liquidated damages under Section 118 of Insurance Ordinance, 2000 filed by the respondent was accepted. 2. Brief facts of the case are that one Muhammad Nawaz (deceased) husband of the respondent/applicant Mst. Nusrat Begum purchased life insurance policy bearing No.507590475-3 amounting to Rs.5,00,000/- under table 03/15 years against annual premium Rs.48,700/- commencing from 01.02.2005 from the…
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