Law: Insurance Ordinance, 2000

Section: 85,118,

Insurance Ordinance (XXXIX of 2000)--- ----Ss. 85, 118 124---Insurance Rules, 2002, R. 22---Total loss claim---Determination---Second survey report company got vehicle of respondent insured which vehicle met an accident---Insurance Tribunal relied upon second report prepared by independent surveyor appointed by Securities and Exchange Commission of Pakistan (SECP) and accepted the claim of insurer---Plea raised by insurance company was that second survey was conducted after a number of years and was not reliable for ascertaining the exact loss---Validity---Such plea of insurance company was not acceptable as second report was by an independent surveyor and it carried more weight with the Court---Independent surveyor got the vehicle examined from the motor manufacturer company and according to its expert opinion the vehicle even after extensive repairs could not become road worthy---Report coupled with indisputable facts that the vehicle was carrying huge amount of diesel which was burnt led to the conclusion that it was a total loss---First report was a wrong and erroneous survey report, on which no reliance could be placed---High Court declined to interfere in findings of Insurance Tribunal and maintained the order passed in favour of insurer---Appeal was dismissed, in circumstances. JUDGMENT SHAMS MEHMOOD MIRZA, JUSTICE:---.--- This is an appeal filed under section 124 of the Insurance Ordinance, 2000 (the Ordinance) for calling into question order dated 30.08.2018 passed by the Insurance Tribunal whereby the petition filed by the respondent was allowed. 2. Factual background of the case may be stated as under. The respondent carried out a comprehensive insurance of its commercial vehicle (oil tanker) from the appellant in the sum of Rs.4,000,000/- on 08.04.2010 with expiry on 07.04.2011. On its journey towards Kandhar, Afghanistan carrying 48000 litters of diesel, the oil tanker was attacked by unknown persons who set it on fire. An insurance claim was lodged by the respondent with the appellant and FIR No.176 of 2010 was also lodged on 19.10.2010 with Police Station Shialkot, Akhtarabad, Quetta. The appellant appointed M/S Saddar-ud-Din Associates as…

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