Law:

Section:

(a) War Risks Insurance Ordinance (XXXII of 1971)-------Preamble---Insurance of goods in transit against war risks---Obligation of the Government would not emerge as a result of a voluntary contract between the parties, but from the requirements of law itself---Even a person who had not obtained the compulsory War Risk Policy, could also be compensated upon certain conditions---Target date for determining when the liability came into effect, would not be the date of obtaining the policy but the date when the scheme came into operation i.e. 5-12-1971. (b) War Risks Insurance Ordinance (XXXH of 1971)--- ----Ss. 2(h). 16-A & 19---Recovery of War Risks Insurance---Scope---Goods of the plaintiff were destroyed in the ship during the war and the same were covered against war risk---Nothing was available on record to indicate that such destruction took place before 5-12-1971 i.e. the date when the scheme in question came into operation---Suit against Government was decreed by the Trial Court---Validity---In case the vessel had not actually sailed from the port, the consignments in question had to be treated as being situated in East Pakistan and were fully covered by the provisions of S. 16-A of the War Risks Insurance Ordinance, 1971 which provided that damage suffered by such goods was not covered by a policy under the Ordinance---Where prior to the commencement of said Ordinance, the ship had sailed from the port of shipment, the goods were in transit and were not covered by the definition of "goods in transit" in S.2(h) of the Ordinance---Insurance cover in either case provided by the scheme framed under War Risks Insurance Ordinance, 1971, was not applicable to the goods belonging to the plaintiff. JUDGMENT SABIHUDDIN AHMED, J.--- Both these appeals arise from a common judgment of a learned Single Judge decreeing Suit No.47 of 1974 and Suit No.48 of 1974, in the sum of Rs.1,80,000 and Rs.1,30,000 respectively against the appellant and respondent No.3 with proportionate costs and 10 % interest from the date of decree. 2. Briefly, the facts of the case forming subject-matter of High Court Appeal No.68 of 1988 (arising from Suit No.48 of 1974) appear to be that…

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