Law: Insurance Ordinance, 2000

Section: 75,76,121,122,124

(a) Insurance Ordinance (XXXIX of 2000)--- ----Ss. 75, 76, 121, 122, 124---Insurance claim---Insurance Tribunal, constitution of---Word “shall”---Effect---Insurance company was aggrieved of acceptance of insurance claim of respondent company by Insurance Tribunal---Plea raised by Insurance company was that the Tribunal was not properly constituted---Validity---By using word “shall” Legislator made it mandatory and any deviation therefrom would make verdict of such Tribunal illegal and not sustainable in the eye of law--- Tribunal was consisting of only one Judge (Addl. District and Sessions Judge) and no member having experience of life insurance, non-life insurance, actuarial science, finance, economics, accountancy, administration or other discipline was included as provided under S. 121(2) of Insurance Ordinance, 2000---Judgment in question was rendered by Tribunal, not constituted as per mandate of law and the same was not sustainable in the eye of law---Tribunal without bifurcating, assessing and giving details of damages as to machinery, building, articles, etc., caused to respondent company proceeded to pass giving an accumulative policy proceed/claim, which otherwise was to be referred to Arbitrator under the Policies---Condition in the Policies stipulated that matter as to quantum of alleged loss had to be referred to Arbitrator, which factum was ignored by Insurance Tribunal while accepting claim of respondent company---High Court set aside passed by Insurance Tribunal and remanded the matter to lawfully constituted Insurance Tribunal for decision afresh---Appeal was allowed accordingly. (b) Evidence--- ----Admissibility---Objection, decision of--- Procedure--- Objection to admissibility of a document in evidence has to be decided then and there instead of deferring the same till the end of trial and even at the time of passing final . Hayatullah v. The State 2018 SCMR 2092 rel. JUDGMENT SHAHID BILAL HASSAN, J.---Succinctly, the respondent No.1 filed an application under sections 75, 76 and 122 of the Insurance Ordinance, 2000 for the recovery of Rs.326,293,052/- against the appellant before the Insurance Tribunal, Lahore contending therein that the…

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