Case Details

Citation(s)
2019 SLG 3012 2019 SLD 3012 2019 SCMR 1917
Supreme Court of Pakistan
Civil Petition No. 2609 of 2017, decision & hearing Dated: 19-03-2018. (Against the judgment Dated 17.5.2017 passed by Lahore High Court, Lahore in Insurance Appeal No. 201 of 2016)
MUSHIR ALAM, JUSTICE QAZI FAEZ ISA, JUSTICE
Petitioner(s) by: Mushtaq Ahmad Mohal, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record
Respondent(s) by: Liaqat Ali Butt, Advocate Supreme Court

STATE LIFE INSURANCE CORPORATION OF PAKISTAN AND ANOTHER

VS

MST. SHAZIA MIR ARSHAD

Law: Insurance Ordinance, 2000

Section: 79,80,118

Law: Limitation Act, 1908

Section: 91

Law: Constitution of Pakistan, 1973

Section: 154(3)

Insurance Ordinance (XXXIX of 2000)--- ----Ss. 79 & 80---Constitution of Pakistan, Art. 154(3)---Insurance claim--- Mis-statement by deceased insured--- Proof--- Insurance Company was aggrieved of acceptance of insurance claim by Insurance Tribunal in favour of legal heirs of deceased insured---Plea raised by petitioner was that deceased insured fraudulently concealed his actual health state---Validity---Deceased insured was medically examined by a Medical Specialist as approved by petitioner company before the policy was issued---Opinion of Claim Examiner that deceased insured met with accident and fractured his leg in year 1994 had no correlation with cause of death mentioned in death certificate i.e. "Diabetes Mellitus CLO/recompensated liver"---Any subsequent investigation report after the claim was filed by legal heirs of the insured that he was suffering from various ailments and illnesses was not substantiated on record by producing cogent evidence---Insurance Tribunal had rightly held that previous ailments of the insured before the insurance policy were not proved---Supreme Court declined to interfere in the order passed by Insurance Tribunal---Petition for leave to appeal was dismissed in circumstances. State Life Insurance Corporation of Pakistan and others v. Mst. Shazia Mir Arshad 2017 CLD 1483 and P.C. Chacko and another v. Chairman, Life Insurance Corporation of India and others (2008) 1 Supreme Court Cases 321 ref. THIS ORDER PASSED BY: MUSHIR ALAM, J.--- This petition for leave to appeal arises out of judgment dated 17.5.2017 passed by Lahore High Court, Lahore since reported as [State Life Insurance Corporation of Pakistan and others v. Mst. Shazia Mir Arshed (2017 CLD 1483)] in Insurance Appeal No. 201 of 2016 whereby the decision of the Additional District Judge/ Insurance Tribunal, Lahore dated 6.1.2016 was maintained. 2. Brief facts giving rise to present controversy appear to be that one Mir Arshad Pervaiz (deceased) acquired Life Insurance Policy No.507880632-1 for a sum of Rs.2,00,000/- from the petitioner-Insurance Corporation of Pakistan on 01.7.2005 against a yearly premium of Rs.16,014/-. Insured died on 7.9.2008. Insurance…
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