Law: Insurance Ordinance, 2000

Section: 118,124

Law: Specific Relief Act, 1877

Section: 42

Law: Qanun-e-Shahadat (10 of 1984)

Section: 78,129(g)

Insurance Ordinance, 2000 (XXXIX of 2000)-- ----Ss. 118 ,  124--Specific Relief Act, (I of 1877), S. 42--Suit for declaration--Concurrent findings--Obtaining of insurance on nonmedical basis--Insurance of deceased husband of respondent--Respondent was nominee of her husband--Instalments of insurance policy were paid regularly--Death of respondent’s husband--Filing of death claim--Refusal of claim--Submission of death certificate--Prescription was never confronted by appellant during cross-examination--Inquiry report--Question of whether deceased committed any fraud or misrepresentation while purchasingpolicy--Appellant was failed to prove mis-declaration--Appellant was required to prove fraud or misrepresentation on part of Deceased--Prescription along with inquiry report relied upon by appellant was its best evidence and no reasons have been specified as to non-production of Inquiry Officer or author of prescription--No effort was made on part of appellant to get post mortem of Deceased and in absence of same, there is no reason to discard death certificate which is public document and to which presumption of truth is attached--Appellant failed to prove mis-declaration--Death occurred within short period of time after purchase of policy is not per se a suspicious circumstance to deny relief to beneficiary--Claim of respondent has been denied and lingered by appellant without any just cause, as a result of which nominee of Deceased, who is of approximately six years of age, has suffered a lot, we are inclined to award cost of Rs. 200,000/-to be additionally paid to respondent side--Appeal dismissed. PLD 1973 SC 160, 2012 SCMR 1106, 1999 CLC 1166 Lahore,2012 CLC 246 Lahore 1997 (1) MPLJ 203 ref. Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 78--Producing of document--Once a document is produced as a piece of evidence, it has to undergo crucible of objective scrutiny in terms of Article 78 of Qanoon-e-Shahadat Order, 1984.[P. 400] B Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Art. 129(g)--Adverse presumption--An adverse presumption is to be drawn against party which withholds best evidence. JUDGMENT Anwaar Hussain, J.--This appeal under Section…

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