Law: Insurance Ordinance, 2000

Section: 79

(a) Insurance Ordinance (XXXIX of 2000)--Ss. 79 & 123---Widow of insured person filed an application before Insurance Tribunal for recovery of insurance money alongwith liquidated damages---Insurance Company contested application on the ground that insurance policy was procured by concealment of facts and that investigation was conducted by a duly authorized person under S.79 of the Insurance Ordinance, 2000 which had been exhibited as a proof---Insurance Tribunal dismissed application for insurance claim---Validity---Report exhibited had not been declared as per se admissible by the provisions of Insurance Ordinance, 2000---Contention that the officer who prepared report had retired and had not been produced for the said reason, was not made out from the record---Statement of facts made by the officer who prepared report, without producing such officer for cross-examination, could not make report admissible in the eye of law---Contention that the insurance policy obtained by the late husband of the applicant was through material suppression of facts and by making fraudulent declaration was not established by the company, during trial--Insurance Company itself undertook investigation through its own doctor and there was nothing found by the said doctor which could disentitle issuing of policy in favour of late husband of the applicant---No show-cause notice was issued before passing the impugned order---High Court accepted appeal and set aside the impugned and directed Insurance Company to make payment of claim amount to applicant in accordance with insurance policy. R.F.A. No.16 of 2008 rel. (b) Insurance Ordinance (XXXIX of 2000)--- ----S. 123---Qanun-e-Shahadat (10 of 1984), Art.132---Examination-in-chief---Statement of facts made by the officer who prepared report which was exhibited, without producing such officer for cross-examination, could not make the report exhibited admissible in the eye of law. (c) Insurance Ordinance (XXXIX of 2000)--- ----S. 124(2)---Insurance claim---Application for---Plea of application being time-barred by Insurance Company--Insurance Tribunal dismissed application for recovery of insurance claim---Validity---Plea of the…

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