Law: Insurance Ordinance, 2000

Section: 122,124

Law: Law Reforms Ordinance, 1972

Section: 3

Insurance Ordinance (XXXIX of 2000)--- ----Ss. 122 & 124---Law Reforms Ordinance (XII of 1972), S. 3---Intra court appeal---Maintainability---Appellant impugned order whereby its Constitutional petition against order of Insurance Tribunal was dismissed---Validity---In the present case, remedy of appeal was available to appellant under S. 124 of the Insurance Ordinance, 2000 and Constitutional petition was filed by appellant against order whereby his claim was rejected by Insurance Tribunal---Since remedy of appeal was available, intra-court appeal was not maintainable---Intra-court appeal was dismissed, in circumstances. Muhammad Aslam Sukhera and others v. Collector Land Acquisition, Lahore, Improvement Trust, Lahore and another PLD 2005 SC 45 rel. THIS ORDER PASSED BY: FAISAL ZAMAN KHAN, JUSTICE---.--- This appeal has been filed against the order passed by the learned Single Judge in Chambers dated 20.5.2016, whereby the constitutional petition, filed by the appellant, (against the order dated 7.4.2016 passed by the Insurance Tribunal dismissing the application under Order VII, Rule 11, C.P.C.), has been dismissed in limine. 2. Learned counsel for respondent No.2 raised a preliminary objection to the maintainability of this appeal on the ground that claim before the Insurance Tribunal was filed under section 122 of the Insurance Ordinance, 2000 (Ordinance) and against the final judgment of the Tribunal, the remedy of appeal is provided under section 124 of the Ordinance, therefore, any order arising out of these proceedings before Tribunal, the ICA is not maintainable in view of proviso to subsection (2) of section 3 of Law Reforms Ordinance, 1972 (Ordinance 1972). 3. On the other hand, learned counsel for the appellant submits that claim filed by the respondent No.2 before the Insurance Tribunal was totally incompetent, therefore, learned Tribunal was…

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