Law: Insurance Ordinance, 2000

Section: 122

Law: Civil Procedure Code (V of 1908)

Section: 1

Insurance Ordinance (XXXIX of 2000)--- ----S. 122---Civil Procedure Code (V of 1908), O. XVI, R. 1---Insurance claim---Summons to attend to give evidence or produce documents---Life insurance policy---Pre-insurance ailment, claim of---Scope---Respondent filed an application for summoning of three doctors and record keeper of the hospital along with record of the deceased (insured person) in the Tribunal---Ground for filing of application was that the insured person had pre-insurance ailment which was not disclosed to the respondent---Validity---Respondent had admitted that the deceased was medically examined before issuance of the policy---When the insured was medically examined and found fit by the doctors of the insurer before issuing the policy, subsequently, the insurer could not avoid the policy on the ground of pre-insurance ailment---In such circumstances, summoning of the doctors along with medical record as respondents witnesses would be a futile exercise---Application was dismissed. State Life Insurance Corporation v. Atta-ur-Rehman 2021 SCMR 1347 rel. ORDER ZAFAR IQBAL TARAR, MEMBER (LEGAL).---This order is intended to dispose of an application filed by the respondent/State Life Insurance for depositing diet money of the witnesses and their summoning through court. 2. Brief facts of the case are that the respondent/insurance company took the ground of pre-insurance ailment of the deceased in the written statement. For proving the same, the SLIC has sought to summon three Doctors of Aziz Bhatti Shaheed Hospital, Gujrat and record keeper of the said hospital along with record of the deceased in the court through this petition. 3. This petition is strongly opposed by learned counsel for the petitioner with the contentions that the deceased was got insured by the respondents through a medical Insurance policy commencing from 22.09.2016 without past history of any ailment before purchasing the said policy. He paid two premiums and thereafter died due to heart attack on 07/02/2018; that he had no past history of any ailment, but on his death, the claim of the petitioner was unjustly and illegally repudiated on the ground of pre-insurance ailment; that it…

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