Law: Insurance Act, (IV of 1938)

Section: 33,47L

Law: Constitution of Pakistan, 1973

Section: 199

(a) Insurance Act (IV of 1938)--- ----S. 33---Entertaining and adjudicating upon claim of insured---Power of Controller of insurance---Scope---Only power which the Controller has under 5.33 of Insurance Act, 1938 is to investigate into the affairs of an insurance company and to take such action as may be required after giving an opportunity to the insured to make representation in writing or to be heard in person---No power vests in the Controller whereby claim of insured against insurance company can be entertained or adjudicated upon. (b) Insurance Act (IV of 1938)-- ----S. 47-L---Constitution of Pakistan (1973), Art.199---Constitutional petition---Claim of insured---Order of Controller of Insurance expressing lack of his jurisdiction to entertain and adjudicate upon the claim of the insured and observing that Claim Settlement Board was authorised to adjudicate in the matter---Validity---Federal Government vide Notification dated 27-8-1990 had authorised the Board to adjudicate upon the claims and disputes arising under an insurance policy---Controller of Insurance, thus, was justified in observing that the insured should have resorted to Claim Settlement Board---Board was directed by High Court to dispose of the petition of the insured. ORDER The dispute in this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973' arises out of an insurance policy taken by the petitioner from Messrs Orient Insurance Company Limited for the period 1991-1992 against damage by floods etc. 2. It is common ground between the parties that in July, 1999 heavy damage was caused by the floods to the property of the petitioner company which lodged a claim of about Rs.7 crores, however, on survey it was found that actual damage caused was to the extent of Rs.1,08,38,904. 3. In the meanwhile, winding up proceedings were initiated by PICIC against Messrs Ali Textile (Jhang) Limited. During the course of those proceedings a question as regards the liability of Orient Insurance Company Limited was raised. In response to the notice issued by this Court the said Company appeared and stated that its liability was conflne4 to 80% of the loss and damage while…

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