Case Details

Citation(s)
2018 SLG 86 2018 SLD 86 2018 SCMR 52
Supreme Court of Pakistan
Civil Petition No. 1287-L of 2017, decision & hearing Date : 18-10-2017 On appeal against the judgment Dated 16.02.2017 of the Lahore High Court, Lahore passed in Insurance Appeal No. 13 of 2017
UMAR ATA BANDIAL, JUSTICE, FAISAL ARAB, JUSTICE
Petitioner by: Sohail Mehmood, DAG along with Abdul Ghafar, Dir, PLI Multan and Dr. Akram Nawaz, Dir. PLI Lahore.
Respondent by: Liaqat Ali Butt, Advocate Supreme Court

POSTAL LIFE INSURANCE (PLI), LAHORE

VS

MUHAMMAD ANWAR & OTHERS

Law: Insurance Ordinance, 2000

Section: 171,171(2)

Law: Pakistan Postal Services Management Board Ordinance, 2002

Section: 3(2),11(2)(e)

Insurance Ordinance (XXXIX of 2000)--- ----S. 171---Pakistan Postal Services Management Board Ordinance (CXXVI of 2002), Ss. 3(2) & 11(2)(e)---Insurance claim against Postal Life Insurance--- Insurance Tribunal, jurisdiction of--- Scope---Management Board of Postal Life Insurance (" the Board") was a body corporate, therefore, on the basis of its powers to manage, maintain, control and operate the postal insurance business, the case would fall within the purview of S. 171(2) of the Insurance Ordinance, 2000 and thus, the Insurance Tribunal shall have the jurisdiction to hear and decide the matter. THIS ORDER PASSED BY: MIAN SAQIB NISAR, CHIEF JUSTICE:---.--- Respondent No.1 (the respondent No.1) earlier filed his insurance claim against the petitioner before the learned Civil Court through Civil Suit, which was resisted and the objection taken was that the jurisdiction for determination of such claims only vests with the Insurance Tribunal. Thus, the plaint was returned under Order VII, Rule 10 of the Code of Civil Procedure, 1908 for presentation before the relevant forum. Subsequently, the Insurance Tribunal constituted under section 121 of the Insurance Ordinance, 2000 (the Ordinance of 2000), after conducting trial, granted the insurance claim to the respondent. The petitioner challenged the order of the Tribunal before the learned High Court by means of an appeal which was dismissed through the impugned judgment. 2. Heard. The only objection raised is that as per the provisions of section 171(1) of Ordinance of 2000, by virtue of the fact that the postal insurance business/petitioner is being carried on by the Federal Government and not by a body corporate, the case does not fall within…
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