Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)--- ----Art.199---Insurance Policy---Claim for damages---Car purchased by the petitioner was insured vide Insurance Policy in the sum of Rs.10,00,000---Immediately after insurance policy car in question met with the accident and the petitioner lodged claim before insurance company who after inspection of the car, accepted claim to the tune of Rs.2,00,000 being dissatisfied with the said sanction of Rs. 2,00,000, filed constitutional petition seeking therein direction to the company to pay full amount of the insurance to the tune of Rs.10,00,000-Contention of petitioner was that car in question was completely damaged and was not in a position to ply on the road and that the Insurance Company by not paying full claim of the damaged car to the "tune of Rs.10,00,000, had violated the terms and conditions of the Insurance Policy---Validity, in support of his version, had not produced any concrete evidence to show that car in question Was completely damaged and was not in a position to get it repaired or ply the same on the road had not got the car examined by any private or the auto mobile companies, in order to say that car was completely damaged and was not in a position to get it repaired had not even challenged the assessment/ inspection report prepared by Examining Officer of ,the Insurance Company---No material was available on record to show that the vehicle in question was completely damaged and was not reparable after the accident---No illegality or any miscalculation of the claim of the petitioner was an record in respect of his car---Amount of Rs.2,00,000 as damage of the car having rightly been determined after inspection, same could not be interfered with. THIS ORDER PASSED BY: ARSHAD NOOR KHAN, JUSTICE:---.--- This petition under Article 199 of the Constitution of Islamic Republic of Pakistan has been filed by the petitioner claiming therein full amount of Rs.10,00,000 (ten lacs) against insurance policy of Toyota Corolla car of the petitioner. The facts leading to the present petition, in brief, are that the petitioner purchased Toyota Corolla GLI car bearing Engine No.347213, Chassis No.6027286, model 2005 which was…

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