Law: Penal Code (XLV of 1860)

Section: 425

Law: Insurance Ordinance, 2000

Section: XXXIX,121

(a)    Penal Code (XLV of 1860)-------S.425---Mischief---Scope---In mischievous acts, no gain is normally found accrued to wrong doer and only damage to someone else's property is caused.(b)    Insurance Ordinance (XXXIX of 2000)-------S.121---Insurance claim---Proof---Non-filing of FIR---Appellant / insurance company was aggrieved of judgment and decree passed by Insurance Tribunal directing to pay to respondent depreciated value of his vehicle which was allegedly stolen---Validity---Appellant / insurance company rightly declined claim of respondent---Insurance Tribunal wrongly allowed claim of respondent to the extent of depreciated value of truck on the basis of Naqal Mad entered at Police Station Dargai, Malakand---Neither any FIR was registered in the light of Daily Diary in question nor nominated accused in Daily Diary had been detained/arrested---Truck in question was not recovered and there had been no inquiry or investigation report on the part of police---Respondent was not entitled to submit claim before Insurance Tribunal---Whole insurance amount or depreciated value of the vehicle could not be paid to respondent---High Court set aside judgment and decree passed by Insurance Tribunal and suit of respondent was dismissed resultantly---Appeal was allowed accordingly.Date of hearing: 10th September, 2024.JUDGMENTWIQAR AHMAD, J.---Through this single judgment recorded in R.F.A. No.168-P/2015 (titled East West Insurance Company Ltd. and others v. Aurangzeb Khan and another), we are also going to dispose of connected FAO No.63-P/2015 (titled Aurangzeb Khan v. East West Insurance Company Ltd., and others) as both appeals have arisen out of same impugned judgment of learned Insurance Tribunal Khyber Pakhtunkhwa at Peshawar.2.    East West Insurance Company Ltd. (hereinafter referred to as "appellant, has filed instant appeal against judgment and decree of the learned Insurance Tribunal Khyber Pakhtunkhwa dated 17.3.2015 whereby suit filed by one Aurangzeb (hereinafter referred to as "respondent No.1) for recovery of insurance claim was partially allowed to the extent of granting him rate of…