Law:

Section:

(a) Insurance Ordinance (XXXIX of 2000)-------S. 123-Widow of insured person filed application before Insurance Tribunal urging that her husband was policy holder for a sum of Rs.100,000 on non-medical grounds which Insurance Company had issued in his favour without medical examination--Insurance company contested application on the ground that insurance policy was obtained by misrepresentation and by suppression of facts by the policy holder---Insurance Tribunal dismissed application of the widow-Validity---Contention that insurance policy of deceased husband of the applicant was repudiated, was not supported by lawful repudiation order as no such order had been produced during trial of the application Insurance Company's witness did not produce any written report of his investigation and stated in the examination-in-chief that deceased remained under treatment in the hospital-In absence of any written report or of any record of the hospital, Insurance Company could not establish the' alleged fraudulent conduct or concealment of some facts prior to purchasing of insurance policy by the deceased-Company's witness did not even allege any misrepresentation having been made by policy-holder before purchasing insurance policy--High Court accepted the appeal and set aside impugned and directed the Insurance Company to make payment under insurance policy to the applicant. (b) Insurance Ordinance (XXXIX of 2000)--- ----S. 123---Insurance claim---Application for---Plea of Insurance company that application was time-barred--Insurance Tribunal dismissed application for recovery of insurance claim---Validity---Contention that such appli­cation was time-barred was repelled as only upon the constitution of the Insurance Tribunal under the Insurance Ordinance, 2000, the right to keep remedy, by invoking the powers of the Tribunal, could be availed. JUDGMENT NASIR SAEED SHEIKH, J.---This R.F.A. is directed against the judgment dated 21-11-2007 passed by the learned Insurance Tribunal Punjab, Lahore whereby the appellant-widow of late Muhammad Akram submitted an application for the recovery of Insurance claim before the Insurance Tribunal which application was rejected. 2.…

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