Law: Insurance Ordinance, 2000

Section: 118,124

Insurance Ordinance (XXXIX of 2000)--- ----Ss. 118, 124---Life insurance---Repudiation of claims---Liquidated damages---Concealment of facts by insured---Scope---Appellant Insurance Corporation impugned order of Insurance Tribunal whereby claim of claimant was accepted by Insurance Tribunal and he was held entitled to benefit of the life insurance policy of the deceased---Contention of Insurance Corporation, inter alia, was that claimant had concealed material facts in proposal forms for insurance policies, and hence insurance contracts stood repudiated---Validity---Inquiry conducted by Insurance Corporation, on which basis claim was repudiated, was conducted without associating claimant and did not provide any credible documentary evidence and it was motivated only by an effort to negate claim---Documents pertaining to insurance policy were expected to have undergone due and proper scrutiny and in the present case, policy was issued after obtaining report from field officer, and no objection as to falsification by deceased policy-holder was raised at that time---Findings recorded in impugned order were therefore neither inaccurate nor any specific instance of misreading or misapplication of law was found---Appeal was dismissed, in circumstances. Postal Life Insurance (PLI), Lahore v. Muhammad Anwar and others Civil Appeal No. 1287-L of 2017 rel. Asad Ali Bajwa, Dy. Attorney General and Ehtisham Ahmed, Assistant Attorney General with Shaukat Hayat, Assistant Director and Abid Ibrahim, Assistant Superintendent (Office), Postal Life Insurance Company, Lahore for Appellants. Ibrar Ahmad and Rao Muhammad Sarwar Ali for Respondent. hearing date: 26th October, 2021. JUDGMENT RASAAL HASAN SYED, J.---This judgment shall decide both the instant appeal as well Insurance Appeal No.361 of 2016 titled “Postal Life Insurance v. Muhammad Iqbal” under section 124(2) of The Insurance Ordinance, 2000 (the “Ordinance”) as the same are directed against consolidated judgment dated 02.2.2016 of the Insurance Tribunal and involve common questions of law fact. 2. Brief background is that husband and wife Muhammad Iqbal and Mst. Yasmeen procured two Life Endowment Assurance/Postal Life…

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