Law:

Section:

Insurance-----Life insurance--Insurance claim repudiated by Insurance Company on the ground that deceased, in respect of whose death the insurance claim was repudiated by the company, had himself by his conduct misrepresented ' the state of his health at the time of the offer/ acceptance of the insurance ability--Held, state of health of insured, with whatever ailment he was suffering, could be presumed to be also known to the insurers and if they accepted him for life insurance they in their own business thought it a risk worth taking on the rate of premium and under the other relevant conditions specified in the contract--Insurers, therefore, with all these assumptions, could not repudiate and avoid the liability. Syed Saijad, Advocate instructed by Mr. Mahmood A. Qureshi, Advocate-on- Record for Petitioner. Nemo for Respondent. , Date of hearing: 6th March, 1989. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has beer: sought by a defendant, against "the dismissal by the High Court, of its Civil Revision which had arisen out of a claim and decree regarding insurance. The petitioner has lost throughout. The money decree-having been passed by the trial Court was affirmed in the First Appeal and the High Court has refused to interfere in its Civil Provisional jurisdiction, by an elaborate order, against which, leave to appeal has now been sought. Learned counsel has raised, two- fold contention: firstly, that the concession made by him during the hearing of the appeal in the High Court has not been noticed in the impugned judgment correctly and in its entirety; and secondly, that on the merits of the case, the decision of all the learned Courts below is wrong. Amongst others, the precise argument being that Dr. Haider Ali Chowdhary, the deceased in this case, in respect of whose death the insurance claim was made from the respondent's side and repudiated by the petitioner's side, had himself by his conduct misrepresented the state of his health at the time of the offer/ acceptance of the insurance liability. On the first point the learned counsel has placed before us the exact concession which he made before the High Court during the hearing of the appeal in…

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