Law: Insurance Ordinance, 2000

Section: 14,86(a)

Law: Civil Procedure Code (V of 1908)

Section: 11

Insurance Ordinance (XXXIX of 2000)--- ----S. 118---Limitation Act (IX of 1908), S. 14 & Art. 86(a)---Civil Procedure Code (V of 1908) O. VII, R. 11---Claim/application before Insurance Tribunal under S. 118 of the Insurance Ordinance 2000---Limitation, computation of---Exclusion of time of proceeding bona fide in Court without jurisdiction---Rejection of claim by the Insurance Tribunal on ground of limitation---Scope----Appellants impugned order of Insurance Tribunal, whereby it rejected claim of the appellants on ground that the same was barred by time---Validity---Claim was lodged on 14.06.2002 before the competent authority at that time and the Insurance Company repudiated claim of appellants on 27.06.2005 which date should be considered as the accrual of the cause of action, which made the claim of the appellants within time---Insurance Tribunal failed to make out the applicability of S. 14 of the Limitation Act, 1908 while passing the impugned order---High Court observed that even if it was presumed that the claim of the appellant was not filed within time, question of limitation being mixed question of law and fact; should be inquired into and decided after recording of evidence---Impugned order was set aside and application of appellant was remanded to the Insurance Tribunal with direction to decide the same after recording of evidence. Mst. Robina Bibi v. State Life Insurance and others 2013 CLD 477 distinguished. Tariq Mahmood Chaudhry, Kamboh v. Najam-ul-Din 1999 SCMR 2396 rel. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD IQBAL, JUSTICE:---.---Through this appeal, the appellants have challenged the vires of order dated 05.07.2013 passed by the learned Insurance Tribunal Punjab, Lahore whereby petition for recovery of Rs.15,00,000/- along with liquidated damages under section 118 of Insurance Ordinance, 2000 was rejected being barred by limitation. 2. Brief facts of the case are that the appellants, father Muhammad Ramzan obtained a life insurance policy bearing No.506452846-7 for a sum of Rs.15,00,000/- against premium of Rs.10,1350/- commencing from 01.11.2000 and also appointed his wife as nominee. That Muhammad Ramzan policy holder died on…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492