Law: Insurance Ordinance, 2000

Section: XXXIX,122,127

Law: Constitution of Pakistan, 1973

Section: 199

Insurance Ordinance (XXXIX of 2000)-------Ss. 122 & 127---Constitution of Pakistan, Art. 199---Constitutional petition--Insurance dispute---Fire policy---Mal-administration---Ombudsman and Insurance Tribunal, jurisdiction of---Scope---Petitioner / Insurance Company was aggrieved of directions issued by Ombudsman to pay compensation to respondent / policy holder---Validity---Ombudsman travelled away from his contours defined under law---It was a case to be tried before Insurance Tribunal and not by the Ombudsman---Respondent / policy holder opted for wrong forum for a claim under fire policy---If such adjudication of policy claim was entrusted to Ombudsman, adjudication via Insurance Tribunal would become redundant---Adjudication of fire policy was not required under S. 127 of Insurance Ordinance, 2000---High Court did not find any mal-administration whereas merit of claim was not adjudicated before proper forum---High Court set aside concurrent findings by two fora below as lack of jurisdiction exercised had reduced the findings to a cipher--Constitutional petition was allowed in circumstances.Date of hearing: 13th August, 2024.JUDGMENTMUHAMMAD SHAFI SIDDIQUI, CJ.---The issue complained of is framed as maladministration, allegedly noticed by policy holder in respect of a fire policy provided by the petitioner to respondent No.4 in consideration of premium. The subject Fire Policy dated 15.02.2019, effective from 01.03.2019 to 28.02.2020 disclosed "General Exclusions", which are adjudicatory.2.    It is petitioner's case that apart from general exclusions, schedule of the policy explicitly warranted that the petitioner shall not be liable for any loss or damages caused by rainwater directly coming through windows and/or ventilators kept open or by leakage and/or seepage from walls/floors/roofs of the premises insured and/or by sweating or moisture damage.3.    On the other hand, it is respondent No.4's (policy holder's) case that heavy monsoon rains on 28.09.2019 damaged the building and stock of plastic/paper rolls stored on the insured premises and consequently he (respondent No.4) intimated the losses to the…