Case Details

Citation(s)
2020 SLG 2476 2020 SLD 2476 2020 CLD 1381
Supreme Court of Pakistan
Civil Petition No. 237-L of 2014, decided on 3rd August, 2020, Date of hearing: 3rd August, 2020. (Against the order Dated 10.12.2013 passed by the Lahore High Court, Lahore passed in R.F.A. No. 1024 of 2012)
UMAR ATA BANDIAL, JUSTICE, AMIN-UD-DIN KHAN, JUSTICE
Ibrar Ahmed, Advocate Supreme Court for Petitioners. Liaqat Ali Butt, Advocate Supreme Court for
Respondent.

MESSRS STATE LIFE INSURANCE CORPORATION OF PAKISTAN AND OTHErs

VS

MST. BEGUM RASHIDA JAMIL

Law: Insurance Ordinance, 2000

Section: 115

(a) Insurance Rules, 2002--- ----R. 12---Statement and declaration required of insurance agents---Primary school teacher/insurance agent---Declaration given by insurance agent at time of his re-appointment in the year 2002, that I am not working for any other insurer and in future also I will not work for any other insurer while associated with the Corporation without written permission of the Corporation---Whether such declaration covered employment of agent as school teacher---Held, that it was clear that the said declaration given by the deceased-agent at the time of his re-appointment in 2002 did not include any undertaking with reference to his employment with any other private or government entity---In fact, the deceased was a primary school teacher with the Education department of the Provincial Government--- Such employment was not covered by the declaration given by him at the time of his re-appointment---Consequently, the denial of his insurance benefits by the State Life Insurance Corporation on the basis of his previous declaration in 1997 (before re-appointment) was unfair and unlawful---Petition for leave to appeal was dismissed and leave was refused. (b) Insurance Ordinance (XXXIX of 2000)--- ----S. 115--- Employee of State Life Insurance Corporation (the Corporation)---Group insurance, self-subscribed compulsory insurance and field self-subscribed group insurance--- Section 115 of the Insurance Ordinance, 2000--- Whether applicable---Perusal of provisions of S. 115 of the Insurance Ordinance, 2000 made it clear that the jurisdiction of the Insurance Tribunal had nexus with the date of issuance of a policy of insurance by the insurer after the commencement of the Insurance Ordinance, 2000---In the present case, three types of insurance schemes were availed by the deceased, i.e. group insurance, self-subscribed compulsory insurance and field self-subscribed group insurance, which were meant for employees and not for policy holders who secured the issuance of life insurance policies from the Corporation---Said schemes were connected with the day to day employment of the deceased and other employees of the Corporation---No policy was issued to the…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492