Law: Insurance Ordinance, 2000

Section: 123

(a) Insurance Ordinance (XXXIX of 2000)--Ss. 123(1) (d) & 124(2)-Civil Procedure Code (V of 1908), O.XVI, R.1--Constitution of Pakistan (1973), Art.199--Constitutional petition-Proceedings of Insurance Tribunal, applicability of C.P.C.---Scope---Petitioner filed application under O.XVI, R.1 C.P.C. for summoning of witness before the Insurance Tribunal-Insurance Tribunal dismissed the application-Contention of the petitioner was that the Insurance Tribunal was not a civil court and that the Civil Procedure Code, 1908 was not applicable in proceedings before it-Validity-Insurance Tribunal was constituted under S.124(2) of the Insurance Ordinance, 2000, which was a special law, and as such the Civil Procedure Code, 1908 was not strictly applicable to the proceedings pending before it--In the present case, witness required to be summoned, was not included in the list of witnesses---Insurance Tribunal had to consider the sufficient cause for non-inclusion of name of the said witness---Petitioner had based his claim on the allegation of fraud-For the success of petitioner's claim, the record and statement of Doctor from the Hospital where deceased was treated was necessary-High Court allowed the constitutional petition and set aside the order of Insurance Tribunal and directed the said Tribunal to summon the witness. (b) Administration of justice----All disputes between the parties should be decided on merits. ORDER MUHAMMAD KHALID MEHMOOD KHAN, J.---Through this Constitutional petition, the petitioner has assailed the A order dated 12-1-2009 passed by the Insurance Tribunal, whereby an application of the petitioner under Order XVI C.P.C. was dismissed. 2. The said order was firstly assailed through a regular First Appeal (R.F.A.) but it was withdrawn as the same was not maintainable under section 124(2) of the Insurance Ordinance, 2000. After withdrawing the said R.F.A. the present writ petition has been filed. 3. Learned counsel for the petitioner submits that the learned Insurance Tribunal is not a civil court and as such Civil Procedure Code (C.P.C.) is not applicable in proceedings before him. He further submits that the Tribunal, respondent No.1 has wrongly…

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