Case Details

Citation(s)
2018 SLG 465 2018 SLD 465 2018 CLD 289
Lahore High Court
Insurance Appeal No. 1288 of 2015, hearing Date : 22-5-2017.
AMIN-UD-DIN KHAN, JUSTICE, TARIQ IFTIKHAR AHMAD, JUSTICE
Liaqat Ali Butt for Appellant. Faisal Zafar for
Respondents.

MST. RAZIA AMEER

VS

STATE LIFE INSURANCE CORPORATION OF PAKISTAN

Law:

Section:

Insurance Ordinance (XXXIX of 2000)--- ----Ss. 118 & 124---Appeal---Group insurance---Life insurance claim---Payment of liquidated damages on late settlement of claim(s)---Appellant (widow) impugned order of Insurance Tribunal whereby her claim for liquidated damages was denied on the ground that deceased was not a member of the group insurance policy, thus his legal heirs were not entitled to liquidated damages under S. 118 of the Insurance Ordinance, 2000---Validity---Interpretation of S. 118 of the Insurance Ordinance, 2000 made it clear that on completion of all formalities, if a claim was not satisfied/cleared within ninety days without any fault of the claimant, then it was an implied term of every such contract of insurance that liquidated damages had to be granted---Group insurance was designed to provide monetary benefits to family of a deceased employee and during his service period, the deceased, in the present case, had also contributed to the same, and the policy amount had already been received by the appellant, therefore she was also entitled to liquidated damages---Impugned order was set aside, and the appellant (widow) was held entitled to liquidated damages---Appeal was allowed, accordingly. THIS JUDGMENT DELIVERED BY: TARIQ IFTIKHAR AHMAD, JUSTICE:---.--- Muhammad Ameer deceased was government employee in Education Department in BS-17 and had retired from service as S.S.T., thereafter, he passed away on 17.10.2008. Appellant Mst. Razia Ameer, being widow of the deceased, filed an application to claim group insurance as liquidated damages. The said application was contested by the respondent, State Life Insurance Corporation of Pakistan. The learned Insurance Tribunal after completing the proceedings dismissed the application to the extent of liquidated damages, as claimed for. 2. Being aggrieved with the said order, the appellant has filed the present Insurance Appeal on various grounds. 3. It is evident that although the learned Tribunal framed five issues, however, on 07.02.2014 passed an order that appellant had received group insurance amount of her deceased husband and pressed her claim only about liquidated damages in respect of…
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