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

Section: 117

(a) Qanun-e-Shahadat (10 of 1984)---Arts. 117, 120 & 124---Missing person---Presumption---Date of death---Onus to prove---Person who has not been heard for seven years is presumed to be dead---If date of his death is claimed that has to be proved by the person who is claiming. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 124--- Missing person--- Presumption of death---Relevant persons---Principle---Relevant persons about presumption of death of a person are those who could naturally hear about the person as if he had been alive---Wife as well as sons and daughters are the first persons who can claim refuge under Art. 124 of Qanun-e-Shahadat, 1984. (c) Succession Act (XXXIX of 1925)--- ----S. 381--- Qanun-e-Shahadat (10 of 1984), Art. 124---Succession certificate---Presumption of death---Insurance claim---Legal heirs filed application for issuance of succession certificate on the ground that their predecessor-in-interest was kidnapped 12 years ago and his whereabouts were not known, therefore, he should be presumed to be dead---Succession certificate issued by Trial Court in favour of legal heirs was maintained by Lower Appellate Court---Insurance company assailed the certificate on the plea that insurer could not pay the claim unless it was established that the insured had died---Validity---After elapse of 12 years no one had claimed that he had seen the insured person and insurance company was not claiming that it had evidence about fact that the insured was alive---It was a proven fact that insured was dead, insurance policy was covered against death of insured and as such insurance company was bound to pay insurance claim to legal heirs of insured in terms of succession certificate issued by competent court of law---Insurance claim had matured from the date of expiry of seven years which commenced from the date of kidnapping---High Court, in exercise of revisional jurisdiction declined to interfere in succession certificate issued by the courts below and insurance company was bound to pay the insurance claim to legal heirs of insured---Revision was dismissed in circumstances. Gul Zaman v. Sher Zaman and others PLD 1972 Azad J&K 26 ref. (d) Insurance…

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