Law: Insurance Ordinance, 2000

Section: 118

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Insurance Ordinance (XXXIX of 2000)--- ----S. 118---Civil Procedure Code (V of 1908), O. VII, R. 11---Insurance Tribunal---Ouster of jurisdiction of civil court in matters falling within ambit of Insurance Tribunal---Rejection of plaint---Scope---Plaintiffs filed suit for declaration, recovery of insurance claim, and damages against Insurance Company on the ground that they were entitled to be paid proceeds of a life insurance claim after death of the policy-holder---Contention of defendant Insurance Company was that said suit was barred under S. 122 of Insurance Ordinance, 2000---Contention of plaintiffs was that certain letters vide which their claim was rejected by Insurance Company were issued without hearing plaintiffs and in violation of principles of natural justice, therefore jurisdiction of civil court was valid---Validity---Valid constitution and competence of Insurance Tribunal was not in dispute, and plaintiff merely alleged that ouster of jurisdiction envisaged in S. 122(2) of Insurance Ordinance, 2000 would not serve a bar---Letters sent to plaintiffs by Insurance Company were not orders of any authority but merely responses of Insurance Company---Insurance Tribunal was not handicapped in any way from adjudicating upon the matter and question as to whether reasons stated in said letters for rejecting claim were based on any mala fide was to be determined by Insurance Tribunal---Application for rejection of plaint was allowed, in circumstances. Haji Muhammad Hanif v. State Life Insurance Corporation of Pakistan 2007 CLD 490; Messrs. East-West Insurance Company Limited v. Messrs. Muhammad Shafi and Company 2009 CLD 960; Abdul Qayoom v. State Life Insurance Corporation of Pakistan 2011 CLD 1157 and Searle IV Solution (Pvt.) Ltd. and others v. Federation of Pakistan and others 2018 SCMR 1444 ref. Searle IV Solution (Pvt.) Ltd. and others v. Federation of Pakistan and others 2018 SCMR 1444 rel. ORDER YOUSUF ALI SAYEED, J.---The Plaintiffs profess to be the legal heirs of Syed Irshad Ali Shah (the "Deceased"), who was apparently the holder of various Policies of Life Assurance issued by the Defendant No. 1, and are aggrieved by the refusal of the…

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