| Citation(s) |
|---|
| 2018 SLG 443 2018 SLD 443 2018 CLD 131 |
Lahore High Court
Insurance Appeal No. 84 of 2015, hearing Date : 29-3-2017.
AMIN-UD-DIN KHAN, JUSTICE, ABDUL RAHMAN AURANGZEB, JUSTICE
Amjad Pervaiz for Appellant. Liaquat Ali Butt for
Respondent.
Insurance Appeal No. 84 of 2015, hearing Date : 29-3-2017.
AMIN-UD-DIN KHAN, JUSTICE, ABDUL RAHMAN AURANGZEB, JUSTICE
Amjad Pervaiz for Appellant. Liaquat Ali Butt for
Respondent.
MESSRS SHAHEEN INSURANCE COMPANY LIMITED THROUGH ASSISTANT GENERAL MANAGER
VS
CELL STAR (FRANCHISE MOBILINK) SUMANDRI ROAD, JHAL CHOWK FAISALABAD THROUGH SOLE PROPRIETOR
Law:
Section:
Insurance Ordinance (XXXIX of 2000)--- ----Ss. 118 & 124---Insurance company impugned the order of Insurance Tribunal whereby claim of plaintiff for reclamation of insurance along with liquidated damages was allowed---Contention of insurance company, inter alia, was that the plaintiff's insurance policy had expired and the occurrence, upon which the claim was based, had occurred outside the insured territory and therefore, was not part of the insurance policy of the company---Validity---Perusal of insurance documents revealed that location of the incident fell within the limit of the area which fell within the ambit of the insurance policy, and that insurance policy was a continuation of an earlier policy purchased by the plaintiff, which covered the same specification of the insured area---Genuine loss was obligation to be satisfied under the insurance claim by the insurance policy---Insurance company had unjustifiably repudiated the claim of the plaintiff who fully substantiated admissibility of his insurance claim---Impugned order of the Insurance Tribunal could not be interfered with---Appeal was dismissed, in circumstances. THIS JUDGMENT DELIVERED BY: ABDUL REHMAN AURANGZEB, JUSTICE:---.--- Through this Insurance Appeal under section 124 of Insurance Ordinance, 2000, the appellant has assailed the legality and validity of impugned judgment dated 12.12.2015 passed by learned Additional District Judge-I, (Insurance Tribunal Punjab), Lahore, whereby the application filed by applicant/respondent for the reclamation of insurance claim of Rs.4,50,000/- has been accepted along with liquidated damages. 2. Succinctly, the terse facts arising out of this case are that the respondent-applicant filed an application under section 198 of the Insurance (Ordinance) for the retrieval of Rs.4,50,000/- (loss Claim) along with liquidated damages. The respondent purchased Insurance policy No. MS-CIT-0000205-04-2011 on account of Insurance Cover risk for Cash in Transit amounting to Rs.6,00,000/- from the appellant against annual premium of Rs.21,000/- for the period with effect from 20.04.2011 to 19.04.2012. On 27.06.2011 when Ahmad Seed, the Distribution Officer of…
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