Law: Insurance Ordinance, 2000

Section: 118,121,122,124

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Limitation Act, 1908

Section: S.14,Art.86(a)

Insurance Ordinance (XXXIX of 2000)--- ----Ss. 118, 121 & 122---Limitation Act (IX of 1908), S. 14 & Art. 86(a)---Civil Procedure Code (V of 1908), O.VII, R. 11---Insurance claim---Computation of period of limitation after promulgation of the Insurance Ordinance, 2000 but before establishment of the Insurance Tribunals under the Insurance Ordinance, 2000---Exclusion of time spent by a claimant pursuing claim via means of Constitutional petition and other modes of litigation---Scope---Claimant could not be penalized due to omission/ inaction of the Government in not timely establishing the Insurance Tribunals under the Insurance Ordinance, 2000---With the view of doing substantial justice, Insurance Tribunal would be in error in not excluding time spent by a claimant in pursuing claim through means of Constitutional petition and other modes, in absence of the establishment of Insurance Tribunals. Mst. Irshad Begum v. State Life Insurance Corporation and others 2006 YLR 1186; Mst. Rabina Bibi v. State Life Insurance and others 2013 CLD 477 and Haji Abdul Sattar and others v. Farooq Inayat and others 2013 SCMR 1493 ref. THIS JUDGMENT DELIVERED BY: MAMOON RASHID SHEIKH, J.--- The instant appeal under section 124 of the Insurance Ordinance, 2000 (the Ordinance), calls into question the order, dated 17.03.2014, passed by the Insurance Tribunal, Punjab, Lahore (the Tribunal), whereby the appellant's application for exclusion of time under Section 14 of the Limitation Act, 1908, read with section 151 of the C.P.C. has been dismissed and the respondents' application under Order VII, Rule 11, read with section 151 of the C.P.C., has been accepted, with the result that the appellant's insurance claim/application under Section 118 of the Ordinance for recovery of insurance policy proceeds along with liquidated damages has been rejected being barred by law. 2. The learned counsel for the appellant submits that the appellant's husband, namely Muhammad Tufail, purchased an insurance policy bearing No.50757515161-0 in the sum of Rs.75,000/- from the respondents. The commencement date of the insurance policy was 01.12.2000. The appellant's husband died on 28.09.2004. As…

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