2012 PLP 764 (CLD)

SYED HASAN AZHAR RIZVI, J.

While dictating the order it is revealed that an inadvertent mistake has occurred in the order dated 22-11-2005, whereby suit has been disposed of. In the order it has been noted that "this suit has been filed by the deceased in respect of the Insurance Policy issued in the name of deceased Hashmat-un-Nisa." The correct position is that the Insurance Policy was issued in the name of deceased Hashmatullah and not Hashmat-un-Nisa, who was the nominee and mother of deceased Hashmatullah. Such mistake had occurred due to resemblance in the names of deceased Hashmatullah and nominee Hashmat- un-Nisa. Therefore, the Court while decreeing the suit directed the Nazir to collect the amount of Insurance Policy No.501576318-2 from the State Life Insurance Corporation and disburse the same among the legal heirs of the deceased according to their respective snares after proper identification and to invest the amount of minor in some profit bearing scheme. The Court while giving directions to the Nazir to disburse the amount of Insurance Policy among the legal heirs of 'deceased' (without mentioning the name of deceased as Hashmatullah or Hashmat-un-Nisa). Both Hashmatullah and his mother Hashmat-un-Nisa have died. The Nazir has complied with the order and disbursed the amount so collected from State Life Insurance Corporation among the legal heirs of deceased Hashmat-un-Nisa instead of the legal heirs of deceased Hashmatullah and submitted his report. All the plaintiffs have received their shares from the Nazir except the defendant No.1 i.e. widow of deceased Hashmatullah and the share of defendant No.3 Baby Sumaiya daughter of deceased Hashmatullah has been invested in Special Saving Certificate Scheme. In the process however, the share of minor Sumaiya (only child of deceased Hashmatullah) appears to have reduced drastically. Scrutiny of record further reveals that defendant No.2 State Life Insurance Corporation has filed written statement in this case on 8-4-2005 much before the suit was decreed and this fact was also not brought to the notice of the Court at the time of passing of the decree. In para (5) of the said written statement the defendant No.2 categorically submitted that at the time of purchasing Life Insurance Policy and before marriage of deceased he nominated his mother Mst. Hashmat-un-Nisa his nominee in the said Life Insurance Policy but after his marriage he cancelled/changed his nomination as provided under section 72 of Insurance Ordinance, 2000 and he nominated his wife Mst. Khilda Bano as his nominee instead of his mother Mst. Hashmat-un-Nisa by submitting prescribed form for change of his nomination dated 2-4-2003 duly signed by the deceased and his wife Mst. Khalida Bano and witnessed by Mr. Mohsin Raza the securing Area Manager of the Policy Channel as required under Insurance Law. Be that as it may, neither the above fact of filing of written statement by State Life Insurance Corporation was brought to the notice of the Court nor any application for rectification/recalling of the order dated 22-11-2005 has been filed. The counsel for the defendants objected the distribution and filed the instant application seeking re-assessment and distribution of Insurance Policy bearing No.501576318-2. Tentatively speaking, thus, an error has apparently crept into the assessment of shares of legal heirs of deceased Hashmatullah. It is settled proposition of law that no one shall suffer on account of error of Court. Moreover, the Court is obliged to look after and protect interest of a minor on its own. The error being apparent is liable to be corrected. For such purpose, I deem it appropriate and in the interest of justice to direct issuance of notice to all the legal heirs of deceased Hashmatullah. To come up on 28-11-2011. M.W.A./F-2/K Order accordingly.