Law:

Section:

Insurance Ordinance (XXXIX of 2000)--- ----Ss. 118 124---Insurance Claim---Building/Godown Fire Cover Insurance---Insurance Policy exclusionary clauses, enforcement of---Repudiation of Insurance Claim by Insurance Company---Surveyor report, significance of---Scope / claimant impugned order of Insurance Tribunal whereby claim of liquidated damages on account of claim of Fire Insurance was dismissed---Insurance Tribunal, in impugned order, dismissed claim of claimant on ground that Insurance Policy stipulated that power supply must have been switched off when building/godown was closed, which in the present case was not done---Contention of claimant, inter alia, was that after Temporary Fire Insurance Cover, which did not contain said clause, subsequent Insurance Policy containing said exclusionary clause regarding switching off electricity supply, was never delivered to claimant, and hence he was not aware of the same, and that report of surveyor was not taken into account by Insurance Tribunal---Validity---Stance of claimant that he was not aware of offending clause of Insurance Policy could not be accepted as said stance was not taken by him during his examination-in-chief and he failed to prove that said Insurance Policy Document was not delivered to him---Claimant in his examination-in-chief had also admitted that power/electricity supply to his building/ godown was not switched off, therefore his claim was rightly repudiated by Insurance Company---High Court observed that report of surveyor, no doubt was a vital piece of evidence, but same was not binding, and no illegality existed in impugned order of Insurance Tribunal---Appeal was dismissed, in circumstances. ORDER This appeal is filed under section 124 of the Insurance Ordinance, 2000 (the Ordinance) calling into question order dated 15.05.2015 passed by the Insurance Tribunal. 2. Briefly stated that facts of the case are that the appellant carried out an insurance policy through Habib Bank Limited/respondent No.2 (the Bank) from respondent No.1 Company (the Insurance Company) in respect of stocks of Banola and Oil. The stocks were stored in a godown in the premises of the appellant and were under the…

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