Law: Insurance Ordinance, 2000

Section: 122,123,124

Law: Qanun-e-Shahadat (10 of 1984)

Section: 72,73,78

(a) Insurance Ordinance (XXXIX of 2000)--- ----Ss. 122, 123 & 124---Qanun-e-Shahadat (10 of 1984), Arts. 78, 73 & 72---Fire Insurance Policy---Surveyor's report, non-production of in evidence---Effect---Production and admission of a document---Proof of signature and handwriting of person---Scope---Policy holder obtained insurance of stock pledged with Bank---During subsistence of insurance policy, fire broke out in the godown resulting in destruction of the pledged stock---Policy holder lodged claim with insurer for payment of insurance amount---Inaction of insurer---Plea of insurer was that at the time of breaking of fire, several other uninsured items were also in the godown---Insurance Tribunal dismissed the petition of policy holder---Validity---Tribunal's findings were based on surveyor's report, hired by insurer, which was never tendered in evidence---Surveyors were not examined by insurer as its evidence---Held; contents of a document (respect in the present case) could be proved by producing the original document itself---If a document was alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as was alleged to be in that person's handwriting must be proved to be in his handwriting---Document could be proved by calling and examining the writer himself---Insurer took frequent adjournments before the Tribunal to produce the surveyors and upon its persistent default the right to lead further evidence was closed, which order, upon challenge by insurer, was upheld by High Court---Surveyor's report, despite being available on record could not be looked at and considered for decision of the case---Tribunal committed a material irregularity by taking into account the contents of surveyor's report which was not tendered in evidence and even its authors were not produced by insurer to prove the contents thereof---Policy holder, on the other hand, was required to produce all record in respect of goods that were burnt in fire incident---Record of Bank, that is, stock register, stock reports, etc were the most relevant documents for ascertaining the description of goods stored…

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