Case Details

Citation(s)
2009 SLG 1908 2009 SLD 1908 2009 CLD 1213
Lahore High Court
R.F.A. No.10 of 2008, heard on 19-05-2009.
MUHAMMAD KHALID ALVI AND KH. FAROOQ SAEED, JJ
Liaqat Ali Butt for Appellant. Jahanzeb Khan Bharwana for
Respondents.

Mst. RUKIA BIVI

VS

. STATE LIFE INSURANCE CORPORATION OF PAKISTAN through Chairman and another

Law:

Section:

Insurance Ordinance (XXXIX of 2000)-------S.14---Sales Representative of Insurance Company having qualified during lifetime for three categories of insurance policies---Death of Sales Representative by electric shock---Payment of amount relating to Field Self Subscribed Group Insurance policy to mother of deceased---Claim by mother of deceased for amount of remaining insurance policies i.e. Compulsory Group Insurance and Self Subscribed Compulsory Group Insurance---Insurance Company neither in written reply nor during evidence denied such claim---High Court set aside the order of Appellate Tribunal and accepted the claim in circumstances. JUDGMENT MUHAMMAD KHALID ALVI, J.---Brief facts of the case are that Fida Hussain son of the appellant joined the respondent company as a Sales Representative on 22-8-199'Z, On 26-7-1998, he died, as a result of electric shock. According to the appellant, the deceased was covered in three heads of Insurance:-- (i) Compulsory Group Insurance Rs.1,50,000 (ii) Self Subscribed Compulsory-Group Insurance Rs.3,00,000 (iii) Field Self Subscribed Group Insurance Rs.3,00,000 On the death, the appellant applied for insurance amount. She was paid a sum of Rs.3,00,000 through cheque dated 12-3-2001 against third category. Since her claim with regard to the first and second category was not made, she made an application before the learned Federal Ombudsman, who vide order dated 8-9-2001, allowed to claim and directed to make payment. This order was assailed by the respondent before the President of Pakistan, who allowed the representation vide order dated 20-2-2002. This order was challenged by the appellant through W.P.No.6825 of 2003 which was allowed by the learned Judge in Chamber on 3-6-003 and the matter was remanded to the President for reconsideration. The respondent challenged this order through I.C.A. No.301 of 2004 which on appellant's application and statement of the respondent, was withdrawn on 6-12-2007 in order to approach the Tribunal, established w.e.f. 20-6-2006. The appellant filed an application before the learned Tribunal on 22-7-2006. It was contested by the respondent and after recording the evidence of the parties,…
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