Law: Insurance Ordinance, 2000

Section: 118

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

Section: 129(g),132,133

(a) Insurance Ordinance (XXXIX of 2000)--- ----S. 118---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Recovery of insurance claim---Documentary evidence---Documents not exhibited but marked---Effect---Insurance Tribunal accepted claim of respondent---Plea raised by insurance company was that documents were not duly exhibited but were merely marked and relied upon while rendering final ---Validity---Marked documents declared that respondent was permanently wheel-chair-bounded and had permanent tetraplegia---Mere failure of a party to get exhibited a document produced voluntarily in evidence by the adverse party formally, would not make any difference---If the document was necessary for just decision of the case, same should be summoned by the Court and treated as evidence in the matter without any formalities--- Insurance company was holding custody of marked documents and had withheld the same malafidely which tantamount to withholding of the best evidence without any reason and it was legally presumed that had that document produced, same would have been used against Insurance company, as enunciated under Art. 129(g) of Qanun-e-Shahadat, 1984---High Court declined to interfere in the passed by Insurance Tribunal as its findings were in consonance with available record and did not suffer from any perversity, illegality, misreading and non-reading of material evidence---Appeal was dismissed in circumstances. Khurshid Ali and 6 others v. Shah Nazar PLD 1992 SC 822 rel. (b) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 132 & 133---Fact not cross-examined---Effect---Fact deposed in statement which has not been cross-examined was to be deemed to have been admitted. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IQBAL, J.--- Through this appeal the appellant challenged the order dated 23.04.2014 passed by the learned Insurance Tribunal, Punjab Lahore whereby the insurance application/ claim filed by the respondent was accepted. 2. Brief facts of the case are that a life insurance policy bearing No.507867382-3 amounting Rs.500,000/- under table/term 03/20 years commencing from 01.02.2004 was purchased by the respondent from the appellant. A supplementary contract No.0038771…

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