Law: Penal Code (XLV of 1860)

Section: 317

Law: Insurance Ordinance, 2000

Section: 122

(a) Penal Code (XLV of 1860) S. 317---Insurance Ordinance (XXXIX of 2000), S.122---Deceased / murdered policy holder---Nominee being accused of murder---Claim of the insurance petitioners (three in number), being the only legal heirs of their deceased/murdered sister (policy-holder) was repudiated by the respondents (Insurance Company) on the ground that there was allegation of murder of policy holder levelled against one of the petitioners (petitioner No.3/ accused)---Validity---No doubt, Art. 58 of Muhammadan Law as well as S. 317 of Pakistan Penal Code, debars from succession a person committing murder, but in case in hand, the situation was entirely different because an FIR was registered under section 302, PPC on the very date the policy holder was murdered against unknown persons---However, in a supplementary statement, petitioner No.3 was arrested, but later on, the complainant of the criminal case resiled from his earlier statement, as a result, the petitioner No.3/ accused filed an application under section 265-K, Cr.P.C. before the Trial Court, and was acquitted from the charge of murder of policy holder---Said acquittal order was never challenged before any higher forum, hence, attained finality---Thus, neither Art.58 of Muhammadan Law nor S. 317 of P.P.C., were attracted against the petitioner No.3/accused---Deceased policy holder was survived by her three brothers (the petitioners) who were entitled to inherit from the insurance claim of policy holder according to their respective shares because respondents (Insurance Company) failed to produce convincing evidence in support of their assertions / stance; hence, the petitioners were entitled to receive the death claim---Insurance Tribunal decreed in favour of the petitioners and against the respondents (Insurance Company) to the tune of Rs.50,00,000/- with costs along with the liquidated damages---Insurance application was decreed accordingly. (b) Insurance Ordinance (XXXIX of 2000) S.122---Insurance claim ---Evidence against claimant, deficiency of---Effect---In the present case, the Senior Manager of respondents as one of their witnesses, during cross-examination, vehemently admitted that his…