Law: Insurance Ordinance, 2000

Section: 122,115,170,124

Law: Civil Procedure Code (V of 1908)

Section: 144,10

Insurance Ordinance (XXXIX of 2000)--- ----Ss. 122, 115, 170 124---Civil Procedure Code (V of 1908), S. 144 O. VII R. 10---Filing of insurance claim (application) before the Insurance Tribunal created under the Insurance Ordinance, 2000---Jurisdiction of Insurance Tribunal---Scope---Insurance Tribunal could not assume jurisdiction over claims that arose out of insurance policies issued prior to date of commencement of Insurance Ordinance, 2000 i.e., 19-8-2000---Claims hit by such exclusion---Restitution of amount received by claimant to Insurance Companies on claims erroneously executed by Insurance Tribunal---Powers of Insurance Tribunal to adjudicate upon application for restitution under S. 144, C.P.C.----Scope Insurance Company impugned order of Insurance Tribunal whereby its application under S. 144, C.P.C. seeking return of amounts received by claimants on ground that insurance claim could not have been adjudicated and executed under Insurance Ordinance, 2000; was returned under O. VII, R. 10, C.P.C., with direction to file same before Civil Court---Contention of appellant, Insurance Company, inter alia, was that Insurance Tribunal had jurisdiction to adjudicate upon application under S. 144, C.P.C. seeking restoration/restitution in regard to amounts unlawfully received by claimant---Validity---By virtue of S. 122 of Insurance Ordinance, 2000, Insurance Tribunal was vested with all powers that a civil court had under C.P.C. including power to order for restitution in terms of S. 144, C.P.C.---Insurance Tribunal, therefore in the present case, had necessary jurisdiction to pass an order upon application filed by Insurance Company---Impugned order was set aside and matter was remanded to Insurance Tribunal to adjudicate upon and pass an order on Insurance Companys application under S. 144, C.P.C.---Appeal was allowed, accordingly. Mst. Robina Bibi v. State Life Insurance Corporation of Pakistan 2013 CLD 477; State Life Insurance Corporation v. Mst. Sadaqat Bano 2008 CLD 1069 and Abdul Bari v. Muhammad Rasheed Khan and 7 others 1995 SCMR 851 rel. ORDER This appeal is filed under section 124 of the Insurance Ordinance, 2000 (the Ordinance) calling into…

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